Missouri Notary Handbook

Missouri Notary

Handbook

John R. Ashcroft

Secretary of State

Dear Missouri Notary:

We are pleased to provide you with this Missouri Notary Public Handbook. We

appreciate the responsibility that comes with being a notary in the State of Missouri,

and know the work you do as a notary instills additional condence in the docu-

ments that are vital to our state and economy.

Since taking ofce in 2017, I have worked to amend notary law to put Missouri

notaries on a level playing eld with others across the country. During the 2020

legislative session, the House and Senate passed notary modernization as an attach-

ment to HB 1655. It encourages the use of modern technology for the convenience

and safety of notaries and those who need notary services. It provides three options

for notarization – in-person notary on paper, in-person electronic notary and remote

electronic notary.

This handbook is provided in print and online to more than 60,000 notaries across

the state, each of whom takes acknowledgements, administers oaths and afrma-

tions, and certies that copies of documents are true copies.

The powers and responsibilities of a notary are described in the Missouri Revised

Statutes Chapter 486. The provisions of this statute are included in this handbook

for your convenience.

In addition to the statutes, this resource provides general information related to your

role as a notary, a glossary of important terms and copies of key application forms

to assist you in the administration of your notary duties.

I hope you nd this book to be a useful and thorough resource in your position as

a notary public. The handbook is also available online at http://www.sos.mo.gov/

business/commissions/pubs/notary/. If you need any further assistance, please do

not hesitate to call our Business Services Division at (573) 751-4153.

Sincerely,

John R. Ashcroft

Secretary of State

State of MiSSouri

State capitol

rooM 208

(573) 751-2379

JaMeS c. KirKpatricK

State inforMation center

(573) 751-4936

Updated January 2021

Table of Contents

Revised Statutes of Missouri .........................................1

Explanation of $25 Application Fee .................................3

Chapter 486 (Notaries Public and Notorial Acts) .......................4

Paper Notary ...................................................4

Electronic Notary ...............................................28

Remote Online .................................................40

Code of State Regulations ..........................................49

Title 15, Ch. 100 (Notary Commissions) ............................51

Title 15, Ch. 110 (Electronic Signatures and Seals) ....................58

General Information ...............................................65

Applicable Law ................................................67

General Information ............................................67

Application and Appointment .....................................67

Possible Disqualication .........................................69

Qualifying at the County Clerk’s Ofce .............................69

Fees Allowed for Swearing in Notaries .............................70

Term of Ofce .................................................70

Notary Public Bond .............................................70

Reapplying ....................................................70

Embosser Seal and Rubber Stamp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70

Journal .......................................................71

Fees .........................................................72

Amended Commissions (Name, county, address, employer) .............72

Change of Residence, Employer or County ..........................72

Change of Name ...............................................73

Stolen or Lost Notary Public Seals or Notary Journal ..................73

Destroyed, Broken, Damaged or Inoperable Notary Seals ...............73

Resignation of a Notary Commission ...............................73

Disqualied From Performing a Notarial Act .........................74

Electronic Notarial Acts .........................................74

Remote Online Notarial Acts .....................................75

Ofcial Misconduct .............................................75

Absentee Ballot Envelope Notarization .............................76

Sample Completed Absentee Statement .............................77

Creditable Witness ..............................................78

Court Reporters Qualied to Give Oaths ............................78

Other Notary Information ........................................78

Proper Notarization .............................................78

Sample Afrmations ...............................................79

Sample Individual Acknowledgment ...............................81

Sample Jurat ..................................................81

Sample Certicate of Certied Copy ...............................82

Instructions for Completing Sample Afrmations .....................83

How to Obtain Applications ......................................83

Glossary .........................................................84

Document Certication Information .................................87

Revised Statutes

of Missouri

Explanation of $25 Application Fee

Application, form of, fee—renewal.

28.160 With the person’s application, each applicant for appointment and com-

mission as a notary public shall submit to the secretary of state a commission fee of

fteen dollars. An additional fee of ten dollars for the issuance of new and renewal

notary commissions which shall be deposited in the state treasury and credited to

the secretary of state’s technology trust fund account.

Notary documents may now be led online at:

sos.mo.gov/business/notary

Revised Statutes of Missouri

Chapter 486

(Notaries Public and Notorial Acts)

486.600. Denitions.—As used in this chapter, the following terms and phrases

mean:

(1) “Acknowledgment”, a notarial act in which an individual at a single time

and place:

(a) Appears in person before the notary and presents a document;

(b) Is personally known to the notary or identied by the notary through

satisfactory evidence; and

ly afxed by the individual for the purposes stated within the document

and, if applicable, that the individual had due authority to sign in a

particular representative capacity;

(2) “Afrmation”, a notarial act, or part thereof, that is legally equivalent to an

oath and in which an individual at a single time and place:

(a) Appears in person before the notary;

(b) Is personally known to the notary or identied by the notary through

satisfactory evidence; and

personal honor and without invoking a deity or using any form of the

word “swear”;

(3) “Commission”, both the granting of authority to perform notarial acts and

the written evidence of the granting of authority to perform such acts;

(4) “Copy certication”, a notarial act in which a notary:

(a) Locates or is presented with a paper or an electronic document that is

not a vital record, a public record, or a recorded document;

(b) Compares the document with a second paper or electronic document

that is:

a. Presented to the notary;

b. Located by the notary; or

c. Copied from the rst document by the notary; and

document is an identical, exact, and complete copy of the image or text

and, if applicable, metadata of the rst document;

(5) “County”, any of the several counties of this state or the City of St. Louis;

(6) “County clerk”, any of the several county clerks of this state or the clerk of

the circuit court in the City of St. Louis;

(7) “Credible witness”, an honest, reliable, and impartial person who personally

knows an individual appearing before a notary and takes an oath or afrmation from

the notary to vouch for that individual’s identity;

(8) “Journal of notarial acts” and “journal”, a permanently bound book to create

and preserve a chronological record of notarizations that is maintained by the notary

public who performed the same notarizations;

(9) “Jurat”, a notarial act in which an individual at a single time and place:

(a) Appears in person before the notary and presents a document;

(b) Is personally known to the notary or identied by the notary through

satisfactory evidence;

(d) Takes an oath or afrmation from the notary vouching for the truthful-

ness or accuracy of the signed document;

(10) “Notarial act” and “notarization”, any ofcial act of certication, attes-

tation, or administration that a notary public is empowered to perform pursuant to

this chapter;

(11) “Notarial certicate” and “certicate”, the part of, or attachment to, a

notarized document that, in the performance of the notarization, is completed by the

notary, bears the notary’s ofcial signature and seal, and states the date, venue, and

facts attested by the notary in the particular notarial act;

(12) “Notary public” and “notary”, any person commissioned to perform

notarial acts pursuant to this chapter;

(13) “Oath”, a notarial act, or part thereof, that is legally equivalent to an afr-

mation and in which an individual at a single time and place:

(a) Appears in person before the notary;

(b) Is personally known to the notary or identied by the notary through

satisfactory evidence; and

invoking a deity or using any form of the word “swear”;

(14) “Ofcial misconduct”:

(a) A notary’s performance of any act prohibited, or failure to perform any

act or duty mandated, by this chapter or by any other law in connection

with a notarial act; or

(b) A notary’s performance of an ofcial act or duty in a manner that is

negligent, contrary to established norms of sound notarial practice, or

against the public interest;

(15) “Ofcial seal”:

(a) A device authorized by the secretary for afxing on a paper notarial

certicate an image containing a notary’s name, title, jurisdiction, com-

mission expiration date, and other information related to the notary’s

commission; or

(b) The afxed image itself;

(16) “Ofcial signature”, a handwritten signature made by a notary that uses

the exact name appearing in the notary’s commission and is signed with the intent

to perform a notarial act;

(17) “Personal knowledge of identity” and “personally knows”, familiarity

with an individual resulting from interactions with that individual over a period

of time sufcient to dispel any reasonable uncertainty that the individual has the

identity claimed;

(18) “Principal”:

(a) A person whose signature is notarized; or

(b) A person, other than a credible witness, taking an oath or afrmation

from the notary;

(19) “Regular place of work or business”, a stationary ofce or workspace

where one spends all or some of one’s working or business hours;

(20) “Requester of fact”, a person who asks the notary public to perform a copy

certication;

(21) “Satisfactory evidence”, evidence of identication of an individual based on:

(a) At least one current document issued by a federal, state, or tribal gov-

ernment in a language understood by the notary and bearing the pho-

tographic image of the individual’s face and signature and a physical

description of the individual, or a properly stamped passport without a

physical description; or

(b) The oath or afrmation of one credible witness disinterested in the

document or transaction who is personally known to the notary and

who personally knows the individual, or of two credible witnesses dis-

interested in the document or transaction who each personally knows

the individual and shows to the notary documentary identication as

described in paragraph (a) of this subdivision;

(22) “Secretary”, the secretary of state for the state of Missouri;

(23) “Signature witnessing”, a notarial act in which an individual at a single

time and place:

(a) Appears in person before the notary and presents a document;

(b) Is personally known to the notary or identied by the notary through

satisfactory evidence; and

(L. 2020 H.B. 1655)

486.605. Notary commission issued, qualications—denial of application,

when, appeal—rulemaking authority.—1. Except as otherwise provided in sub-

section 3 of this section, the secretary shall issue a notary commission to any person

who is qualied under subsection 2 of this section and who submits an application

in accordance with this chapter.

2. In order to be qualied for a notary commission a person shall:

(1) Be at least eighteen years of age;

(2) Reside or have a regular place of work or business in the state of Missouri;

(3) Reside legally in the United States;

(4) Read and write English; and

(5) Pass the examination required in section 486.630.

3. (1) An applicant who is not a resident of the state may qualify to be a notary

if he or she works in Missouri and will use the notary seal in the course

of his or her employment in Missouri.

(2) Applicants qualifying as a nonresident notary shall authorize the secre-

tary as the agent and representative of such person to accept service of

any process or service of any notice or demand required or permitted by

law to be served upon such person.

4. The secretary may deny an application based on:

(1) Submission of an application containing a material misstatement or

omission of fact;

(2) The fact that the applicant has been nally adjudicated and found guilty,

or entered a plea of guilty or nolo contendere, in a criminal prosecution

under the laws of any state or of the United States, of any felony or any

offense involving dishonesty or moral turpitude, provided that a com-

mission shall not be issued to the applicant within ve years after such

conviction or plea;

(3) A nding or admission of liability against the applicant in a civil lawsuit

based on the applicant’s deceit;

(4) Revocation, suspension, restriction, or denial of a notarial commission

or professional license by this or any other state or nation, provided that

a commission shall not be issued to the applicant within ve years after

such disciplinary action; or

(5) An ofcial nding that the applicant has previously engaged in ofcial

misconduct, regardless of whether disciplinary action resulted.

5. An applicant may appeal the denial of an application by ling the form

required by the secretary pursuant to subsection 6 of this section with the secretary

within thirty days after denial, except an applicant may not appeal if the secretary,

within ve years prior to the application, has:

(1) Denied or revoked for disciplinary reasons any previous application,

commission, or license of the applicant; or

(2) Made a nding pursuant to section 486.810 that grounds for revocation

of the applicant’s commission existed.

6. The secretary shall promulgate rules providing for appeals from denials of

applications, subject to the limitations in section 486.830.

(L. 2020 H.B. 1655)

486.610. Notary, term of commission—grandfather provision.—1. A person

commissioned as a notary may perform notarial acts in any part of this state, and

only in this state, for a term of four years, unless the commission is earlier revoked

under section 486.810 or resigned under section 486.790.

2. The existing bond, seal, length of commission term, and liability of current

notaries commissioned before August 28, 2020, shall not be invalidated, modied,

or terminated by this chapter, but notaries shall comply with this chapter beginning

August 28, 2020, in performing notarizations and in applying for new commissions.

(L. 2020 H.B. 1655)

486.615. Commission effective, when, bond amount—surety duties—sus-

pension of commission, when.—1. A notary commission shall not become effec-

tive until an oath of ofce and a ten thousand dollar bond have been presented to the

county clerk of the county in which a person has been commissioned. The bond shall

be executed by a licensed Missouri surety, for a term of four years commencing on

the commission’s issue date and terminating on its expiration date, with payment of

bond funds to any person conditioned upon the notary’s ofcial misconduct.

2. The surety for a notary bond shall report all claims against the bond to the

secretary.

3. If a notary bond has been exhausted by claims paid out by the surety, the sec-

retary shall suspend the notary’s commission until:

(1) A new bond is obtained by the notary; and

(2) The notary’s tness to serve the remainder of the commission term is

determined by the secretary.

(L. 2020 H.B. 1655)

486.620. Secretary to prepare notary commission, duties—register of nota-

ries.—1. The secretary shall prepare a notary commission and forward the commis-

sion to the county clerk in the county of the applicant’s residence or regular place

of work or business.

2. Upon issuing a notary commission, the secretary shall:

(1) Notify the notary that he or she shall present the required bond to the

county clerk;

(2) Provide an oath with the commission to be taken by the notary in the

presence of the county clerk or their designee, within sixty days of the

commission issue date;

(3) Require the oath and bond to be mailed by the notary to the secretary’s

ofce with a postmarked date not exceeding seven days from the date

of the oath; and

(4) Once the oath and bond have been received, examined, and approved,

update the notary’s commissioned status.

3. Any commission issued that fails to qualify within sixty days shall be marked

by the county clerk as not qualied and shall be returned to the secretary within

fteen days.

4. Any notary who fails to qualify within the sixty days may be required to reap-

ply for a notary commission.

5. The county clerk shall keep a register of each person to whom they award a

notary commission, as prescribed by the secretary.

(L. 2020 H.B. 1655)

486.625. Application, procedure.—1. Every application for a notary commis-

sion shall be made in a paper or electronic format established by the secretary and

shall include all information required by section 486.630 and any other information

as the secretary may deem appropriate.

2. A current or former notary applying for a new notary commission shall submit

a new completed application and comply anew with all of the provisions of this

section and sections 486.605 and 486.615.

(L. 2020 H.B. 1655)

486.630. Application, contents—declaration—application fee.—1. The appli-

cation for a notary commission shall state or include, at least:

(1) The applicant’s date of birth;

(2) The applicant’s residence address and telephone number;

(3) The applicant’s regular place of work or business address and telephone

number, the mailing address of the regular place of work or business, if

different, and the name of the applicant’s employer, if any;

(4) The applicant’s county of residence or regular place of work or busi-

ness;

(5) A declaration that the applicant is a citizen of the United States or proof

of the applicant’s legal residency in the country;

(6) A declaration that the applicant can read and write English;

(7) All issuances, denials, revocations, suspensions, restrictions, and resig-

nations of a notarial commission, professional license, or public ofce

involving the applicant in this or any other state or nation;

(8) All criminal convictions of the applicant, including any pleas of guilt or

nolo contendere, in this or any other state or nation; and

(9) All claims pending or disposed against a notary bond held by the appli-

cant and all civil ndings or admissions of fault or liability regarding

the applicant’s activities as a notary in this or any other state or nation.

2. Every applicant for a notary commission shall sign the following declaration:

Declaration of Applicant

I, _________ (name of applicant), do solemnly swear or afrm under penalty of perjury

that the personal information in this application is true, complete, and correct; that I

understand the ofcial duties and responsibilities of a Notary Public in Missouri, as

explained in the notary public handbook; and that I will perform, to the best of my ability,

all notarial acts in accordance with the law.

______________ (signature of applicant)

3. Every applicant for a notary commission shall:

(1) Attest to having read the Missouri notary public handbook or having

received training in a manner prescribed by the secretary; and

(2) Receive a score of eighty percent or better on an examination adminis-

tered by the secretary prior to being issued a commission.

4. The content of the training and the basis for the written examination required

by subsection 3 of this section shall be based on notarial laws, procedures, and ethics.

5. Every applicant for a notary commission shall pay to the state of Missouri a

nonrefundable application fee as stated in section 28.160.

(L. 2020 H.B. 1655)

486.635. Application records, limitations on disclosure.—1. Records contain-

ing the information required by subdivision (7) of subsection 1 of section 486.630

shall be used by the secretary and his or her designated employees only for the

purpose of performing ofcial duties provided for in this chapter and shall not be

disclosed to any person other than:

(1) A government agent acting in an ofcial capacity and duly authorized

to obtain such information;

(2) A person authorized by court order; or

(3) The applicant or the applicant’s duly authorized agent.

2. Records containing the information required by subdivision (7) of subsection

1 of section 486.630 shall be a closed record as dened in chapter 610 and subject

to redaction as required in chapter 610.

(L. 2020 H.B. 1655)

486.640. Notarial acts authorized to be performed by notary.—A notary may

perform the following notarial acts:

(1) Acknowledgments;

(2) Oaths and afrmations;

(3) Jurats;

(4) Signature witnessings;

(5) Copy certications; and

(6) Any other act authorized by the laws of Missouri.

(L. 2020 H.B. 1655)

486.645. Limitation on notarial acts, principal requirements—disquali-

cation of notary, when—nonnotarial fee permitted, when.—1. A notary shall

perform a notarial act only if the principal:

(1) Is in the presence of the notary at the time of notarization;

(2) Is personally known to the notary or identied by the notary through

satisfactory evidence;

(3) Appears to understand the nature of the transaction requiring a notarial

act;

(4) Appears to be acting of his or her own free will;

(5) Signs using letters or characters of a language that is understood by the

notary; and

(6) Communicates directly with the notary in a language both understand.

2. A notary may certify the afxation of a signature by mark by a principal on a

document presented for notarization if:

(1) The mark is afxed in the presence of the notary and two witnesses

disinterested in the document;

(2) Both witnesses sign their own names beside the mark;

(3) The notary writes below the mark: “Mark afxed by (name of signer by

mark) in the presence of (names and addresses of two witnesses) and

the undersigned notary pursuant to section 486.645, RSMo”; and

(4) The notary notarizes the signature by mark through an acknowledg-

ment, jurat, or signature witnessing.

3. A notary shall be disqualied from performing a notarial act if the notary:

(1) Is a party to or named in the document that is to be notarized;

(2) Will receive as a direct or indirect result any commission, fee, advan-

tage, right, title, interest, cash, property, or other consideration exceed-

ing in value the fees specied in section 486.685; or

(3) Is a spouse, domestic partner, ancestor, descendant, or sibling of the

principal, including in-law, step, and half relatives.

4. Notwithstanding subdivision (2) of subsection 3 of this section to the contrary,

a notary may collect a nonnotarial fee for services as a signing agent if payment

of such fee is not contingent upon the signing, initialing, or notarization of any

document.

(L. 2020 H.B. 1655)

486.650. Refusal to perform notarial act prohibited, when—exceptions.—1.

A notary shall not refuse to perform a notarial act based on the characteristics pro-

tected from employment discrimination pursuant to section 213.055.

2. A notary shall perform any notarial act described in section 486.640 for any

person requesting such a notarial act who tenders the appropriate fee specied in

section 486.685, unless:

(1) The notary knows or has a reasonable belief that the notarial act or the

associated transaction is unlawful;

(2) The notarial act is prohibited in section 486.645 or subsection 1 of this

section;

(3) The number or timing of the requested notarial act or acts practicably

precludes completion at the time of the request, in which case the notary

shall arrange for later completion of the requested act or acts without

unreasonable delay; or

(4) In the case of a request to perform an electronic notarial act, the notary

is not registered to notarize electronically in accordance with sections

486.900 to 486.1010.

(L. 2020 H.B. 1655)

486.655. Notary not to inuence person on transaction—notary not to inves-

tigate document or transaction.—1. Except as otherwise provided in subsection 2

of section 486.650, a notary shall not inuence a person either to enter into or avoid

a transaction involving a notarial act by the notary.

2. A notary commission shall not authorize the notary to investigate, ascertain,

or attest to the lawfulness, propriety, accuracy, or truthfulness of a document or

transaction involving a notarial act.

(L. 2020 H.B. 1655)

486.660. Prohibited acts.—A notary shall not:

(1) Execute a notarial certicate containing information known or believed

by the notary to be false;

(2) Afx an ofcial signature or seal on a notarial certicate that is incom-

plete;

(3) Afx an ofcial signature or seal on a notarial certicate other than at

the time of notarization and in the presence of the principal; or

(4) Provide or send a signed or sealed notarial certicate to another person

with the understanding that it will be completed or attached to a docu-

ment outside of the notary’s presence.

(L. 2020 H.B. 1655)

486.665. Signatures and photographs, prohibited acts.—1. A notary shall not

notarize a signature:

(1) On a blank or incomplete document; or

(2) On a document without notarial certicate wording.

2. A notary shall neither certify nor authenticate a photograph.

(L. 2020 H.B. 1655)

486.670. Intent to deceive or defraud prohibited—prohibited uses of title or

seal.—1. A notary shall not perform any notarial act with the intent to deceive or

defraud.

2. A notary shall not use the ofcial notary title or seal to endorse, promote,

denounce, or oppose any product, service, contest, candidate for political ofce,

ballot measure for any election, or other offering.

(L. 2020 H.B. 1655)

486.675. Nonattorney notaries, prohibited acts.—1. A notary who is not an

attorney shall not assist another person in drafting, completing, selecting, or under-

standing a document or transaction requiring a notarial act.

2. Subsection 1 of this section shall not preclude a notary who is duly qualied,

trained, licensed, or experienced in a particular industry or professional eld from

selecting, drafting, completing, or advising on a document or certicate related to a

matter within that industry or eld.

(L. 2020 H.B. 1655)

486.680. Limitation on notary making any claim not authorized—nonattor-

ney notaries, services not in English, notice required—prohibited non-English

terms.—1. A notary shall not claim to have powers, qualications, rights, or priv-

ileges that are not provided under this chapter, including the power to counsel on

immigration issues.

2. A notary who is not an attorney who advertises notarial services in a language

other than English shall include in the advertisement, notice, letterhead, or sign the

following, prominently displayed in the same language:

(1) The statement: “I am not an attorney and have no authority to give

advice on immigration or other legal matters”; and

(2) The fees for notarial acts specied in section 486.685.

3. A notary may not use the term “notario publico” or any equivalent non-En-

glish term in any business card, advertisement, notice, or sign.

(L. 2020 H.B. 1655)

486.685. Fees.—1. For performing a notarial act, a notary may charge the max-

imum fee specied in this section, charge less than the maximum fee, or waive the

fee.

2. The maximum fees that may be charged by a notary for performing notarial

acts are:

(1) For an acknowledgment, ve dollars per signature;

(2) For a jurat, ve dollars per signature;

(3) For a signature witnessing, ve dollars per signature;

(4) For a certied copy, one dollar per page certied with a minimum total

charge of three dollars; and

(5) For an electronic notarization, as specied in section 486.960.

3. A notary may charge a travel fee to perform a notarial act if:

(1) The notary and the person requesting the notarial act agree upon the

travel fee in advance of the travel; and

(2) The notary explains to the person requesting the notarial act that the

travel fee is both separate from the notarial fee prescribed in subsection

2 of this section and neither specied nor mandated by law.

4. A notary shall not discriminate in the charging of fees for a notarial act based

on the characteristics of the principal or requester of fact as set forth in subsection

1 of section 486.650, though a notary may waive or reduce fees for humanitarian

or charitable reasons.

5. A notary shall not charge a fee for notarizing the signature on any absentee

ballot or absentee voter registration.

6. A notary who charges for his or her notarial services shall conspicuously dis-

play in their regular place of work or business, or present to each principal outside

their regular place of work or business, an English-language schedule of fees for

notarial acts, as specied in this section. No part of any notarial fee schedule shall

be printed in smaller than twelve-point type.

(L. 2020 H.B. 1655)

486.690. Fees, payment prior to services—nonrefundable, when.—1. A

notary may require payment of any fees specied in section 486.685 prior to per-

formance of a notarial act.

2. Any fees paid to a notary prior to performance of a notarial act shall be non-

refundable if:

(1) The notarial act was completed; or

(2) In the case of travel fees paid in compliance with subsection 3 of section

486.685, the notarial act was not completed after the notary traveled

to meet the principal because it was prohibited pursuant to section

486.645, or because the notary knew or had a reasonable belief that the

notarial act or the associated transaction was unlawful.

(L. 2020 H.B. 1655)

486.695. Notary’s employer may prohibit charging of fees, when.—1. An

employer may prohibit an employee who is a notary from charging for notarial acts

performed on the employer’s time, but shall not discriminate in the charging of fees

based on the characteristics of the principal as set forth in subsection 1 of section

486.650.

2. A private employer shall not require an employee who is a notary to surrender

or share fees charged for any notarial acts.

3. A governmental employer who has absorbed an employee’s costs in becoming

or operating as a notary shall require any fees for notarial acts performed on the

employer’s time either to be waived or surrendered as revenue of the employing

governmental agency.

(L. 2020 H.B. 1655)

486.700. Journal to be maintained, requirements.—1. A notary shall keep,

maintain, protect, and provide for lawful inspection a chronological journal of

notarial acts that is a permanently bound book with numbered pages.

2. A notary shall maintain only one active permanently bound journal at the

same time.

3. A notary shall keep the permanently bound journal for a period of no less than

ten years from the date of the last entry.

(L. 2020 H.B. 1655)

486.705. Journal contents.—1. For every notarial act, the notary shall record in

the journal at the time of notarization the following:

(1) The date and time of day of the notarial act;

(2) The type of notarial act;

(3) The type, title, or a description of the document or proceeding;

(4) The signature, printed name, and address of each principal;

(5) The printed name and address of each requester of fact;

(6) The evidence of identity of each principal in the form of either:

(a) A statement that the person is personally known to the notary;

(b) A notation of the type of identication document, its issuing agency,

its serial or identication number, and its date of issuance or expi-

ration; or

ble witness swearing or afrming to the principal’s identity, and for

credible witnesses who are not personally known to the notary, a

description of the identication documents relied on by the notary;

(7) The fee, if any, charged for the notarial act; and

(8) The address where the notarial act was performed, if not the address of

the notary’s regular place of work or business.

2. A notary shall not record a Social Security number or credit card number in

the journal.

3. A notary may record in the journal the circumstances for not performing or

completing any requested notarial act.

4. As required in subdivision (4) of subsection 2 of section 486.745, a notary

shall append to the pertinent entry in the journal a notation of the nature and date of

the notary’s correction of a completed notarial certicate corresponding to the entry.

(L. 2020 H.B. 1655)

486.710. Examination and copying of journal—fee for certied copy, excep-

tion.—1. The journal may be examined and copied without restriction by a law

enforcement ofcer in the course of an ofcial investigation, subpoenaed by court

order, pursuant to subpoena power as authorized by law, or surrendered at the

direction of the secretary. Nothing in this section shall prevent a notary public from

seeking appropriate judicial protective orders.

2. Upon complying with a request for copies pursuant to subsection 1 of this

section, the notary shall charge not more than one dollar per copy. If a certied copy

is requested, the fee shall be as specied in section 486.685.

3. A notary public shall, upon written request, furnish to the secretary certied

copies of the notary’s journal without cost.

(L. 2020 H.B. 1655)

486.715. Safeguarding of journal, requirements.—1. A notary shall safeguard

his or her journal and all other notarial records and surrender or destroy them only

by court order or at the direction of the secretary.

2. If not in use, the journal shall be kept in a secure area under the exclusive

control of the notary and shall not be used by any other notary, nor surrendered to

an employer upon termination of employment.

3. Within ten days after a notary’s journal is discovered to be stolen, lost,

destroyed, damaged, or otherwise rendered unusable or unreadable, the notary, after

informing the appropriate law enforcement agency in the case of theft or vandal-

ism, shall notify the secretary by any means providing a tangible receipt, including

certied mail and electronic transmission, and also provide a copy or identication

number of any pertinent police report.

4. Upon resignation, revocation, or expiration of a notary commission, or death

of the notary, the journal and notarial records shall be delivered to the secretary in

accordance with section 486.795 or 486.800 by any means providing a tangible

receipt, including certied mail and electronic transmission.

(L. 2020 H.B. 1655)

486.725. Paper documents, notarizing—signature and seal—lost or stolen

seal—resignation, expiration, or death of notary, effect of—revocation, return

of seal.—1. In notarizing a paper document, a notary public shall afx an ofcial

signature and an ofcial seal on the notarial certicate at the time the notarial act

is performed.

2. The ofcial seal of a notary shall not be used for any purpose other than per-

forming notarial acts.

3. The ofcial seal of a notary shall:

(1) Be the exclusive property of the notary;

(2) Not be afxed by any other person;

(3) Be kept secure and accessible only to the notary; and

(4) Not be surrendered to an employer upon termination of employment.

4. Within ten days after the ofcial seal of a notary is discovered to be stolen,

lost, damaged, or otherwise rendered incapable of afxing a legible image, the

notary, after informing the appropriate law enforcement agency in the case of theft

or vandalism, shall notify the secretary by any means providing a tangible receipt,

including certied mail and electronic transmission, and also provide a copy or

number of any pertinent police report. Upon receipt of such notice, the secretary

shall issue to the notary a new commission that shall be presented to a seal vendor

in accordance with section 486.735.

5. As soon as reasonably practicable after resignation, or expiration of a notary

commission, or death of the notary, the seal shall be destroyed or defaced so that it

may not be misused.

6. For a commission that has been revoked, the notary shall forward their seal to

the secretary’s ofce for disposal. Failure to do so may be punishable by a ne of

ve hundred dollars, at the discretion of the secretary.

(L. 2020 H.B. 1655)

486.730. Ofcial seal, placement of, elements.—1. Near the notary’s ofcial

signature on each paper notarial certicate, the notary shall afx a sharp, legible,

permanent, and photographically reproducible image of the ofcial seal that shall

include the following elements:

(1) The notary’s name exactly as stated on the commission;

(2) The identication number of the notary’s commission;

(3) The words “Notary Public”, “Notary Seal”, and “State of Missouri” and

“My commission expires (commission expiration date)”; and

(4) A border in a rectangular or circular shape no larger than one sixteenth

of an inch, surrounding the required words.

2. Illegible information within a seal impression may be typed or printed legibly

by the notary adjacent to but not within the impression, or another impression may

be legibly afxed nearby.

3. An embossed seal impression that is not photographically reproducible may

be used in addition to, but not in place of, the ofcial seal described in subsection

1 of this section.

4. A seal as described in subsection 1 of this section shall not be afxed over

printed or written matter.

(L. 2020 H.B. 1655)

486.735. Selling or manufacturing notary seals, registration required—

requirements for sale or manufacture—violation, penalty.—1. A vendor or

manufacturer shall register with the secretary prior to selling or manufacturing

notary seals. The secretary shall maintain an internet site for the purpose of allowing

vendors and manufacturers to conrm the current standing of any notary in the state.

2. A vendor or manufacturer shall not provide a notary seal to a purchaser claim-

ing to be a notary, unless the purchaser presents a notary commission issued by the

secretary, and unless:

(1) In the case of a purchaser appearing in person, the vendor or manufac-

turer identies this individual as the person named in the commission,

through either personal knowledge or satisfactory evidence of identity;

(2) In the case of a purchaser ordering a seal by mail or delivery service,

the vendor or manufacturer conrms the notary’s standing as a commis-

sioned notary through the internet site.

3. For each commission, a vendor or manufacturer shall make or sell only one

seal and, if requested by the person presenting the commission, only one embossing

seal.

4. After manufacturing or providing a notary seal, the vendor shall afx an image

of all seals on a form as prescribed by the secretary and, within seven business days,

send the completed form to the secretary, retaining a copy of the form and the com-

mission for a period of ve years.

5. A notary obtaining a seal as a result of a name change shall present a copy of

the conrmation of notary’s name or address change from the secretary in accor-

dance with sections 486.780 and 486.785.

6. A vendor or manufacturer who fails to comply with this section shall be sub-

ject to a ne of one thousand dollars for each violation. For multiple violations, a

vendor’s permission to sell or manufacture notary seals may be withdrawn by the

secretary. Such violation shall not preclude the civil liability of the vendor to parties

injured by the vendor’s failure to comply with this section.

(L. 2020 H.B. 1655)

486.740. Notarial certicate required, contents, form.—1. For every notarial

act involving a document, a notary shall properly complete a notarial certicate that

contains or states:

(1) The ofcial signature of the notary, in accordance with section 486.725;

(2) An impression of the ofcial seal of the notary, in accordance with

section 486.725;

(3) The venue of the notarial act where the notary is located, including the

name of this state and of the pertinent county;

(4) The date of the notarial act; and

(5) The facts and particulars attested by the notary in performing the

respective notarial act.

2. A notarial certicate shall be sufcient for a particular notarial act only if it

meets the requirements of subsection 1 of this section and is in a form that:

(1) Is set forth for that act in this chapter;

(2) Is otherwise prescribed for that act by the laws of this state;

(3) Is prescribed for that act by a law, regulation, or custom of another

jurisdiction, provided it does not require actions by the notary that are

unauthorized by the laws of this state; or

(4) Describes the actions of the notary in such a manner as to meet the

requirements of the particular notarial act.

3. A notarial certicate shall be worded and completed using only letters, charac-

ters, and a language that are read, written, and understood by the notary.

(L. 2020 H.B. 1655)

486.745. Paper notarial certicates, requirements—correction or errors or

omissions, when.—1. A paper notarial certicate that is attached to a document

during the notarization of the signature of a principal shall:

(1) Be attached by staple or other method that leaves evidence of any sub-

sequent detachment;

(2) Be attached, signed, and sealed only by the notary and only at the time

of notarization and in the presence of the principal;

(3) Be attached immediately following the signature page if the certicate

is the same size as that page, or to the front of the signature page if the

certicate is smaller; and

(4) Contain all of the elements described in section 486.740 on the same

sheet of paper.

2. A notary may correct an error or omission made by that notary in a notarial

certicate if:

(1) The original certicate and document are returned to the notary;

(2) The notary veries the error by reference to the pertinent journal entry,

the document itself, or to other determinative written evidence;

(3) The notary legibly corrects the certicate and initials and dates the

correction in ink, or replaces the original certicate with a correct cer-

ticate; and

(4) The notary appends to the pertinent journal entry a notation regarding

the nature and date of the correction.

(L. 2020 H.B. 1655)

486.750. Form of certicate.—A notary shall use a certicate in substantially

the following form in notarizing the signature or mark of any person acknowledging

on his or her own behalf or as a partner, corporate ofcer, attorney in fact, or in any

other representative capacity:

State of Missouri

County (and/or City) of _________

On this ______ day of _____ , 20 _____, before me, the undersigned notary, personally

appeared ___________ (name of document signer), (personally known to me)(proved to

me through identication documents, which were ________,) (proved to me on the oath

or afrmation of ___________, who is personally known to me and stated to me that (he)

(she) personally knows the document signer and is unaffected by the document,) (proved

to me on the oath or afrmation of _______ and _______, whose identities have been

proven to me through identication documents and who have stated to me that they per-

sonally know the document signer and are unaffected by the document,) to be the person

whose name is signed on the preceding or attached document, and acknowledged to me

that (he)(she) signed it voluntarily for its stated purpose(.)

(as partner for ______________, a partnership.)

(as _________ for __________, a corporation.)

(as attorney in fact for _______, the principal.)

(as ______ for ______, (a)(the) ___________)

_________________ (ofcial signature and seal of notary)

(L. 2020 H.B. 1655)

486.755. Jurat certicate form.—A notary shall use a jurat certicate in sub-

stantially the following form in notarizing a signature or mark on an afdavit or

other sworn or afrmed written declaration:

State of Missouri

County (and/or City) of __________

On this ______ day of ______, 20 _____, before me, the undersigned notary, personally

appeared __________ (name of document signer), (personally known to me) (proved to

me through identication documents, which were ________,) (proved to me on the oath

or afrmation of __________, who is personally known to me and stated to me that (he)

(she) personally knows the document signer and is unaffected by the document,) (proved

to me on the oath or afrmation of ______ and _______, whose identities have been prov-

en to me through identication documents and who have stated to me that they personally

know the document signer and are unaffected by the document,) to be the person who

signed the preceding or attached document in my presence and who swore or afrmed

to me that the contents of the document are truthful and accurate to the best of (his)(her)

knowledge and belief.

__________________ (ofcial signature and seal of notary)

(L. 2020 H.B. 1655)

486.760. Signature form.—A notary shall use a certicate in substantially the

following form in notarizing a signature or mark to conrm that it was afxed in the

notary’s presence without administration of an oath or afrmation:

State of Missouri

County (and/or City) of ___________

On this _______ day of ______, 20 _____, before me, the undersigned notary, personally

appeared ___________ (name of document signer), (personally known to me) (proved to

me through identication documents, which were ________,) (proved to me on the oath

or afrmation of _______, who is personally known to me and stated to me that (he)(she)

personally knows the document signer and is unaffected by the document,) (proved to me

on the oath or afrmation of ______ and ______, whose identities have been proven to

me through identication documents and who have stated to me that they personally know

the document signer and are unaffected by the document,) to be the person who signed the

preceding or attached document in my presence.

____________________ (ofcial signature and seal of notary)

(L. 2020 H.B. 1655)

486.765. Certied copy form.—A notary shall use a certicate in substantially

the following form in notarizing a certied copy:

State of Missouri

County (and/or City) of __________

On this ______ day of ______, 20 ____,

I certify that the (attached or following paper document) (afxed, attached, or logically

associated electronic document) has been (visually) (electronically) conrmed by me to be

a true, exact, and complete copy of the image (or text) (and metadata) of _____________

(description of original document), (presented/e-mailed to me by ______,) (found by me

(online) at ________,) (held in my custody as a notarial record,) and that, to the best of my

knowledge, the copied document is neither a vital record, a public record, nor a publicly

recordable document, certied copies of which may be available from an ofcial source

other than a notary.

____________________ (ofcial signature and seal of notary)

(L. 2020 H.B. 1655)

486.770. Notarized document sent out of state or country, form—certicate

of authority form—apostille form, fee.—1. On a notarized document sent to anoth-

er state or nation, evidence of the authenticity of the ofcial seal and signature of a

notary commissioned pursuant to this chapter, if required, shall be in the form of:

(1) A certicate of authority from the secretary, authenticated as necessary

by additional certicates from United States or foreign government

agencies; or

(2) In the case of a notarized document to be used in a nation that has

signed and ratied the Hague Convention Abolishing the Requirement

of Legalization for Foreign Public Documents of October 5, 1961, an

apostille from the secretary or other federally designated ofcial in the

form prescribed by the Convention and described in subsection 3 of this

section, with no additional authenticating certicates required.

2. A certicate of authority evidencing the authenticity of the ofcial seal and

signature of a notary commissioned pursuant to this chapter shall be substantially

in the following form:

Certicate of Authority for a Notarial Act

I, _________ (name, title, jurisdiction of authenticating ofcial), certify that

______________ (name of notary), the person named in the seal and signature on the

attached document, was a Notary Public for the state of Missouri and authorized to act as

such at the time of the document’s notarization.

To verify this Certicate of Authority for a Notarial Act, I have afxed below my signa-

ture and seal of ofce this _____ day of ______, 20 ____.

________________ (Signature and seal of commissioning ofcial)

3. An apostille prescribed by the Hague Convention Abolishing the Requirement

of Legalization for Foreign Public Documents of October 5, 1961, shall be in the

form of a square with sides at least nine centimeters long and contain exactly the

following wording:

APOSTILLE

(Convention de La Haye du 5 octobre 1961)

1. Country: ________________

2. This public document has been signed by __________________

3. acting in the capacity of _________________________

4. bears the seal/stamp of __________________________

CERTIFIED

5. at _____________________________

6. the ____________________________

7. by ____________________________

8. No. ___________________________

9. Seal/Stamp

10. Signature:

_______________________________

4. The secretary may charge a fee as set forth in section 28.160 for issuing a

certicate of authority or an apostille.

(L. 2020 H.B. 1655)

486.775. Notarial act may be performed, when—seal, signature, title, prima

facie evidence, when—reciprocity, when.—1. A notarial act may be performed

within this state by the following persons:

(1) A notary of this state;

(2) A judge, clerk, or deputy clerk of any court of this state; or

(3) Any other person authorized by the law of this state to perform a spe-

cic notarial act.

2. The ofcial signature, seal, and title of a person authorized by subsection 1

of this section to perform a notarial act shall be considered prima facie evidence

that the signature and seal are genuine and that the person holds the indicated title.

3. A notarial act shall have the same effect under the law of this state as if

performed by a notarial ofcer of this state if performed in another state, common-

wealth, territory, district, or possession of the United States by any of the following

persons:

(1) A notary of that jurisdiction;

(2) A judge, clerk, or deputy clerk of a court of that jurisdiction; or

(3) Any other person authorized by the law of that jurisdiction to perform

notarial acts.

4. The ofcial signature, title, and, if required by law, seal of a person whose

authority to perform notarial acts is recognized by subsection 3 of this section shall

be considered prima facie evidence that the signature and seal are genuine and that

the person holds the indicated title, and, except in the case of subdivision (3) of

subsection 3 of this section, shall conclusively establish the authority of a holder of

that title to perform a notarial act.

5. A notarial act shall have the same effect under the law of this state as if

performed by a notarial ofcer of this state if performed anywhere by any of the

following persons under authority granted by the law of the United States:

(1) A judge, clerk, or deputy clerk of a court;

(2) A commissioned United States military ofcer on active duty;

(3) A foreign service or consular ofcer of the United States; or

(4) Any other person authorized by federal law to perform notarial acts.

6. The ofcial signature, title, and, if required by law, seal of a person whose

authority to perform notarial acts is recognized by subsection 5 of this section shall

be considered prima facie evidence that the signature and seal are genuine, that the

person holds the indicated title, and, except in the case of subdivision (4) of subsec-

tion 5 of this section, shall conclusively establish the authority of a holder of that

title to perform a notarial act.

7. A notarial act shall have the same effect under the law of this state as if per-

formed by a notarial ofcer of this state if performed within the jurisdiction and

under authority of a foreign nation or its constituent units or a multinational or

international organization by any of the following persons:

(1) A notary or other notarial ofcer;

(2) A judge, clerk, or deputy clerk of a court of record; or

(3) Any other person authorized by the law of that jurisdiction to perform

notarial acts.

8. The ofcial seal or stamp of a person whose authority to perform notarial acts

shall be recognized by subsection 7 of this section shall be considered prima facie

evidence that the signature is genuine, that the person holds the indicated title, and,

except in the case of subdivision (3) of subsection 7 of this section, shall conclusive-

ly establish the authority of a holder of that title to perform a notarial act.

9. The authority of an ofcer to perform notarial acts shall be conclusively

established if the title of the ofce and indication of authority to perform notarial

acts appears either in a digest of foreign law or a list customarily used as a source

for that information.

10. An apostille in the form prescribed by subsection 3 of section 486.770 shall

conclusively establish that the signature and seal of the notarial ofcer referenced in

the apostille are genuine and that the person holds the indicated ofce.

11. A certicate of a foreign service or consular ofcer of the United States

stationed in the nation under whose jurisdiction the notarial act was performed, or

a certicate of a foreign service or consular ofcer of that nation stationed in the

United States, conclusively establishes any matter relating to the authenticity or

validity of the notarial act referenced in the certicate.

12. Nothing in this section shall be construed to permit a notary of this state to

perform a notarial act outside of this state without meeting the legal requirements

of the state, commonwealth, territory, district or possession of the United States, or

foreign nation in which the notarial act is performed.

(L. 2020 H.B. 1655)

486.780. Change of address of notary, requirements.—1. Within ten days

after the change of a notary’s residence, business, or mailing address, the notary

shall send to the secretary by any means providing a tangible receipt, including

certied mail and electronic transmission, a signed notice of the change, giving both

old and new addresses, along with a fee of ve dollars.

2. If the address of the regular place of work or business is changed, the notary

shall not perform a notarial act until:

(1) The notice described in subsection 1 of this section has been delivered

or transmitted;

(2) A conrmation of the notary’s name or address change has been

received from the secretary; and

(3) The surety for the notary’s bond has been informed in writing.

(L. 2020 H.B. 1655)

486.785. Change of notary’s name, requirements.—1. Within ten days after

the change of a notary’s name by court order or marriage, the notary shall send to

the secretary by any means providing a tangible receipt, including certied mail and

electronic transmission, a signed notice of the change, giving both the former and

the new name, with a copy of any ofcial authorization for such change, along with

a fee of ve dollars.

2. A notary with a new name shall continue to use the former name in performing

notarial acts until:

(1) The notice described in subsection 1 of this section has been delivered

or transmitted;

(2) A conrmation of the notary’s name or address change has been

received from the secretary;

(3) A new seal bearing the new name exactly as in the conrmation has

been obtained; and

(4) The surety for the notary’s bond has been informed in writing.

3. Upon completing the requirements of subsection 2 of this section, the notary

shall use his or her new name.

(L. 2020 H.B. 1655)

486.790. Resignation of notary commission.—1. A notary who resigns his

or her commission shall send to the secretary by any means providing a tangible

receipt, including certied mail and electronic transmission, a signed notice indicat-

ing the effective date of resignation.

2. A notary who ceases to reside in or to maintain a regular place of work or

business in this state, or who becomes permanently unable to perform their notarial

duties, shall resign their commission.

(L. 2020 H.B. 1655)

486.795. Expiration, resignation, or revocation of notary commission,

requirements.—1. Except as provided in subsection 2 of this section, if a notary

commission expires or is resigned or revoked, the notary shall:

(1) As soon as reasonably practicable, destroy or deface all of his or her

notary seals so that they may not be misused; and

(2) Within thirty days after the effective date of resignation, revocation,

or expiration of the commission, dispose of the journal and notarial

records in accordance with subsection 4 of section 486.715.

2. A notary whose commission has expired, who intends to apply for a new com-

mission, and whose previous commission or application was not revoked or denied

by the secretary, shall not be required to dispose of his or her journal and notarial

records within thirty days after commission expiration, but shall do so within three

months after expiration unless recommissioned within that period.

(L. 2020 H.B. 1655)

486.800. Death of notary, personal representative duties.—If a notary dies

during the term of commission or before fullling the requirements of this section,

the notary’s personal representative shall:

(1) Notify the secretary of the death in writing;

(2) As soon as reasonably practicable, forward all notary seals to the secre-

tary; and

(3) Within thirty days after death, forward the journal and notarial records

in accordance with subsection 4 of section 486.715.

(L. 2020 H.B. 1655)

486.805. Liability for damages by notary, surety, or employer of notary,

when.—1. A notary shall be liable to any person for all damages proximately

caused that person by the notary’s negligence, intentional violation of law, or of-

cial misconduct in relation to a notarization.

2. A surety for a notary’s bond shall be liable to any person for damages proxi-

mately caused that person by the notary’s negligence, intentional violation of law,

or ofcial misconduct in relation to a notarization during the bond term, but this

liability shall not exceed the dollar amount of the bond or of any remaining bond

funds that have not been disbursed to other claimants. Regardless of the number

of claimants against the bond or the number of notarial acts cited in the claims, a

surety’s aggregate liability shall not exceed the dollar amount of the bond.

3. An employer of a notary shall be liable to any person for all damages proxi-

mately caused that person by the notary’s negligence, intentional violation of law,

or ofcial misconduct in performing a notarization during the course of employ-

ment, if the employer directed, expected, encouraged, approved, or tolerated the

notary’s negligence, violation of law, or ofcial misconduct either in the particular

transaction or, impliedly, by the employer’s previous action in at least one similar

transaction involving any notary employed by the employer.

4. An employer of a notary shall be liable to the notary for all damages recovered

from the notary as a result of any violation of law by the notary that was coerced

by threat of the employer, if the threat, such as of demotion or dismissal, was made

in reference to the particular notarization or, impliedly, by the employer’s previous

action in at least one similar transaction involving any notary employed by the

employer. In addition, the employer is liable to the notary for damages caused the

notary by demotion, dismissal, or other action resulting from the notary’s refusal to

engage in a violation of law or ofcial misconduct.

5. Notwithstanding any other provision in this chapter to the contrary, for the

purposes of this section “negligence” shall not include any good-faith determi-

nation made by the notary pursuant to the obligations imposed by subdivision (3)

of subsection 1 of section 486.645 or subdivision (4) of subsection 1 of section

486.645.

6. Recovery of damages against a notary, surety, or employer shall require that

the notary’s negligence, violation of law, or ofcial misconduct be the proximate

cause of the damages, although not required to be the sole cause.

7. This section shall also apply to electronic notaries performing electronic

notarial acts and remote online notaries performing remote online notarial acts.

(L. 2020 H.B. 1655)

486.810. Revocation of commission, when—procedure.—1. The secretary

may revoke a notary commission for any ground on which an application for a

commission may be denied pursuant to subsection 3 of section 486.605.

2. The secretary shall revoke the commission of any notary who fails:

(1) To maintain a residence or a regular place of work or business in this

state; and

(2) To maintain status as a legal resident of the United States.

3. Prior to revocation of a notary commission, the secretary shall inform the nota-

ry of the basis for the revocation and that the revocation takes effect on a particular

date unless a proper appeal is led with the secretary before that date.

4. Resignation or expiration of a notary commission does not terminate or pre-

clude an investigation into the notary’s conduct by the secretary, who may pursue

the investigation to a conclusion, whereupon it shall be made a matter of public

record regardless of whether the nding would have been grounds for revocation.

5. The secretary shall promulgate rules providing for appeals from revocations,

subject to the limitations in section 486.830.

6. This section shall also apply to electronic notaries performing electronic

notarial acts and remote online notaries performing remote online notarial acts.

(L. 2020 H.B. 1655)

486.815. Suspension of notary commission.—1. The secretary may immedi-

ately suspend a notary commission upon written notice sent by certied mail if the

situation is deemed to have a serious unlawful effect on the general public, provided

that the notary shall be entitled to hearing and adjudication as soon thereafter as is

practicable.

2. The secretary shall promulgate rules providing for hearings and appeals on

suspension of a notary commission, subject to the limitations in section 486.830.

3. This section shall also apply to electronic notaries performing electronic

notarial acts and remote online notaries performing remote online notarial acts.

(L. 2020 H.B. 1655)

486.820. List of suspended or revoked commissions, publication of.—The

secretary may regularly publish a list of persons whose notary commissions have

been suspended or revoked by the secretary, including electronic notaries and

remote online notaries.

(L. 2020 H.B. 1655)

486.825. Additional sanctions permitted.—The sanctions of this chapter shall

not preclude any other sanctions or remedies provided by law.

(L. 2020 H.B. 1655)

486.830. Rulemaking authority.—The secretary may promulgate rules that

are reasonable and necessary to accomplish the duties specically delegated to the

secretary in this chapter. Any rule or portion of a rule, as that term is dened in

section 536.010, that is created pursuant to the authority delegated in this chapter

shall become effective only if it complies with and is subject to all of the provisions

of chapter 536 and, if applicable, section 536.028. This chapter and chapter 536 are

nonseverable and if any of the powers vested with the general assembly pursuant

to chapter 536 to review, to delay the effective date, or to disapprove and annul a

rule are subsequently held unconstitutional, then the grant of rulemaking authority

and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

(L. 2020 H.B. 1655)

486.900. Denitions.—As used in sections 486.900 to 486.1010, the following

terms and phrases mean:

(1) “Capable of independent verication”, any interested person may

conrm the validity of an electronic notary’s identity and authority

through a publicly accessible system;

(2) “Electronic”, relates to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities;

(3) “Electronic document”, information that is created, generated, sent,

communicated, received, or stored by electronic means;

(4) “Electronic journal of notarial acts” and “electronic journal”, a

chronological electronic record of notarizations that is maintained by

the notary public who performed the same notarizations;

(5) “Electronic notarial act” and “electronic notarization”, an ofcial

act involving an electronic document that is performed in compliance

with sections 486.900 to 486.1010 by an electronic notary public as a

security procedure as dened in the uniform electronic transactions act,

sections 432.200 to 432.295;

(6) “Electronic notarial certicate”, the part of, or attachment to, a

notarized electronic document that, in the performance of an electronic

notarization, is completed by the electronic notary, bears the notary’s

registered electronic signature and seal, and states the date, venue, and

facts attested to or certied by the notary in the particular electronic

notarization;

(7) “Electronic notary public” and “electronic notary”, a notary public

who has registered with the secretary the capability to perform electron-

ic notarial acts;

(8) “Electronic notary seal” and “electronic seal”, information within

a notarized electronic document that includes the electronic notary’s

name, title, jurisdiction, and commission expiration date and generally

corresponds to information in notary seals used on paper documents;

(9) “Electronic signature”, an electronic sound, symbol, or process

attached to or logically associated with an electronic document and

executed or adopted by a person with the intent to sign the document;

(10) “Registered electronic notary seal”, an electronic notary seal pro-

duced by a notary in the performance of an electronic notarial act by a

means that was registered with the secretary;

(11) “Registered electronic signature”, an electronic signature produced

by a notary in the performance of an electronic notarial act by a means

that was registered with the secretary;

(12) “Security procedure”, a procedure employed for the purpose of veri-

fying that an electronic signature, document, or performance is that of

a specic person or for detecting changes or errors in the information

in an electronic document. The term includes a procedure that requires

the use of algorithms or other codes, identifying words or numbers,

encryption, or callback, or other acknowledgment procedures.

(L. 2020 H.B. 1655)

486.902. Controlling law.—Sections 486.900 to 486.1010 supplement the

provisions of sections 486.600 to 486.825 for in-person electronic notarial acts. To

the extent sections 486.600 to 486.825 are inconsistent with sections 486.900 to

486.1010, the provisions of 486.900 to 486.1010 control regarding the performance

of in-person electronic notarial acts.

(L. 2020 H.B. 1655)

486.905. Electronic notaries, commission, registration.—1. Prior to perform-

ing electronic notarial acts, a person shall apply to be a commissioned notary for

the state of Missouri.

2. A notary shall register the capability to perform electronic notarial acts with

the secretary before notarizing electronically.

3. Upon recommissioning, a notary shall again register with the secretary before

notarizing electronically.

4. A person may apply or reapply for a notary commission and register or rereg-

ister to perform electronic notarial acts at the same time.

(L. 2020 H.B. 1655)

486.910. Course of instruction required.—1. Before initially registering the

capability to perform electronic notarial acts, an electronic notary shall complete a

course of instruction as approved by the secretary, in addition to the course required

for commissioning as a notary, and pass an examination based on the course.

2. The content of the course shall be notarial laws, procedures, and ethics per-

taining to electronic notarization.

(L. 2020 H.B. 1655)

486.915. Term of registration.—The term of registration of an electronic nota-

ry public shall begin on the registration starting date set by the secretary and shall

continue as long as the notary’s commission remains in effect or until registration

is terminated pursuant to subsection 1 of section 486.1005.

(L. 2020 H.B. 1655)

486.920. Electronic registration form, contents—denial of registration,

when—condentiality of records.—1. To register the capability to perform elec-

tronic notarial acts, a notary shall electronically sign and submit to the secretary an

electronic form prescribed by the secretary that includes:

(1) Proof of successful completion of the courses and examinations

required by sections 486.630 and 486.910;

(2) The following information:

(a) A description of each separate means that will be used to produce

electronic signatures and electronic notary seals;

(b) Any keys, codes, software, decrypting instructions, or graphics that

will allow the electronic signatures and seals produced by the means

described in paragraph (a) of this subdivision to be veried;

ing the electronic signatures and seals, the source of each license,

and the starting and expiration dates of each pertinent certicate,

software, or process;

(d) An explanation of any revocation, annulment, or other premature

termination of any certicate, software, or process ever issued or

registered to the applicant to produce an electronic signature or seal;

and

(e) A declaration that the notary public will use the means issued or

authorized for issuance by the secretary for producing an electronic

notary seal; and

(3) The access instructions that will allow the electronic journal of notarial

acts as described in section 486.700 to be viewed, printed, and copied.

2. Pursuant to this section, a notary public may register at the same or different

times one or more respective means for producing electronic signatures and elec-

tronic notary seals, or single elements combining the required features of both,

consistent with the requirements cited elsewhere in this chapter.

3. The secretary shall deny registration to any applicant submitting an electronic

registration form that contains a material misstatement or omission of fact.

4. Information in the registration form of an electronic notary public shall be

used by the secretary and designated state employees only for the purpose of per-

forming ofcial duties, shall be a closed record as described in chapter 610, and

shall not be disclosed to any person other than:

(1) A government agent acting in an ofcial capacity and duly authorized

to obtain such information;

(2) A person authorized by court order; or

(3) The registrant or the registrant’s duly authorized agent.

(L. 2020 H.B. 1655)

486.925. Electronic notarial acts authorized.—The following notarial acts

may be performed electronically:

(1) Acknowledgment;

(2) Jurat;

(3) Signature witnessing; and

(4) Copy certication.

(L. 2020 H.B. 1655)

486.930. Electronic notarization, principal requirements.—1. An electronic

notary shall perform an electronic notarization only if the principal:

(1) Is in the presence of the notary at the time of notarization;

(2) Is personally known to the notary or identied by the notary through

satisfactory evidence;

(3) Appears to understand the nature of the transaction;

(4) Appears to be acting of his or her own free will;

(5) Communicates directly with the notary in a language both understand;

and

(6) Reasonably establishes the electronic signature as his or her own.

2. In performing electronic notarial acts, an electronic notary shall adhere to all

applicable laws governing notarial acts provided in this chapter.

(L. 2020 H.B. 1655)

486.935. Electronic notarial certicate, contents, wording.—1. In performing

an electronic notarial act, the electronic notary shall properly complete an electronic

notarial certicate.

2. A proper electronic notarial certicate shall contain:

(1) Completed wording appropriate to the particular electronic notarial act,

as prescribed in subsection 3 of this section;

(2) A registered electronic signature; and

(3) A registered electronic notary seal, which shall include:

(a) The name of the electronic notary fully and exactly as it is spelled

on the notary’s commissioning document;

(b) The jurisdiction that commissioned and registered the electronic

notary;

(d) The commission or registration number of the electronic notary; and

(e) The commission expiration date of the electronic notary.

3. The wording of an electronic notarial certicate shall be in a form that:

(1) Is set forth in sections 486.740 to 486.750;

(2) Is otherwise prescribed by the law of this state;

(3) Is prescribed by a law, regulation, or custom of another jurisdiction,

provided it does not require actions by the electronic notary that are

unauthorized by this state; or

(4) Describes the actions of the electronic notary in such a manner as to

meet the requirements of the particular notarial act, as dened in section

486.600 or 486.900.

4. An electronic notarial certicate shall be worded and completed using only

letters, characters, and a language that are read, written, and understood by the

electronic notary.

(L. 2020 H.B. 1655)

486.940. Electronic signature and seal, requirements—employers, restric-

tions.—1. In notarizing an electronic document, the notary shall attach to, or

logically associate with, the electronic notarial certicate a registered electronic

signature and a registered electronic notary seal, or a registered single element in

conformity with subsection 2 of this section, in such a manner that the signature

and the seal, or the single element, are attributed to the electronic notary as named

on the commission.

2. A registered electronic signature shall be:

(1) Unique to the electronic notary;

(2) Capable of independent verication;

(3) Attached to or logically associated with an electronic notarial certicate

in such a manner that any subsequent alteration of the certicate or

underlying electronic document prominently displays evidence of the

alteration; and

(4) Attached or logically associated by a means under the electronic nota-

ry’s sole control.

3. At all times the means for producing registered electronic notary seals, or

registered single elements as described in subsection 2 of this section, shall be kept

under the sole control of the electronic notary.

4. An employer of an electronic notary shall not use or control the means for

producing registered electronic signatures and notary seals, or registered single ele-

ments combining the required features of both, nor upon termination of a notary’s

employment retain any software, coding, disk, certicate, card, token, or program

that is intended exclusively to produce a registered electronic signature, notary seal,

or combined single element, regardless of whether the employer nancially support-

ed the employee’s activities as a notary.

5. A registered electronic signature may be used by the electronic notary for

lawful purposes other than performing electronic notarizations, provided that nei-

ther the title “notary” nor any other indication of status as a notarial ofcer is part

of the signature.

6. Neither a registered electronic notary seal nor a combined single element

containing the seal shall be used by the electronic notary for any purpose other than

performing lawful electronic notarizations.

(L. 2020 H.B. 1655)

486.945. Journal of notarial acts, requirements.—1. An electronic notary

shall keep, maintain, protect, and provide for lawful inspection a chronological

journal of notarial acts that is a permanently bound book with numbered pages.

2. If a notary is registered as an electronic notary:

(1) The notary shall keep an electronic journal of electronic notarial acts as

described in section 486.950; and

(2) The notary shall keep a record of electronic notarial acts in the perma-

nently bound journal.

3. A notary shall maintain only one active permanently bound journal at the same

time, except that a backup of each active and inactive electronic journal shall be

retained by the notary in accordance with subdivision (3) of subsection 1 of section

486.950 if each respective original electronic journal is retained.

4. A notary shall keep the permanently bound journal for a period of no less than

ten years from the date of the last entry.

(L. 2020 H.B. 1655)

486.947. Journal recordings.—1. For every electronic notarial act, the elec-

tronic notary shall record in the electronic journal at the time of notarization the

following:

(1) The date and time of day of the electronic notarial act;

(2) The type of electronic notarial act;

(3) The type, title, or a description of the document or proceeding;

(4) The signature, printed name, and address of each principal;

(5) The printed name and address of each requester of fact;

(6) The evidence of identity of each principal in the form of either:

(a) A statement that the person is personally known to the notary;

(b) A notation of the type of identication document, the issuing agen-

cy, the serial or identication number, and the date of issuance or

expiration;

ble witness swearing or afrming to the principal’s identity, and for

credible witnesses who are not personally known to the notary, a

description of the identication documents relied on by the notary;

(d) In the case of an electronic journal, a recognized biometric identi-

er, in accordance with subdivision (4) of subsection 1 of section

486.950;

(7) The fee, if any, charged for the electronic notarial act;

(8) The address where the electronic notarial act was performed, if not the

address of the notary’s regular place of work or business; and

(9) The name of any authority issuing or registering the means used to cre-

ate the electronic signature that was notarized, the source of this author-

ity’s license, if any, and the expiration date of the electronic process.

2. An electronic notary shall not record a Social Security number or credit card

number in the journal.

3. An electronic notary may record in the journal the circumstances for not per-

forming or completing any requested electronic notarial act.

4. As required in subdivision (4) of subsection 2 of section 486.745, a notary

shall append to the pertinent entry in the journal a notation of the nature and date of

the notary’s correction of a completed notarial certicate corresponding to the entry.

(L. 2020 H.B. 1655)

486.950. Additional requirements for electronic journal of electronic notari-

al acts and electronic notaries.—1. An electronic journal of electronic notarial

acts shall:

(1) Allow journal entries to be made, viewed, printed, and copied only after

access is obtained by a procedure that uses two factors of authentica-

tion;

(2) Not allow a journal entry to be deleted or altered in content or sequence

by the electronic notary or any other person after a record of the elec-

tronic notarization is entered and stored, except that an entry may be

deleted if the retention period set forth in subsection 4 of this section

has passed;

(3) Have a backup system in place to provide a duplicate record of electron-

ic notarial acts as a precaution in the event of loss of the original record;

(4) Be capable of capturing and storing the image of a handwritten or

electronic signature and the data related to one other type of recognized

biometric identier; and

(5) Be capable of printing and providing electronic copies of any entry,

including images of handwritten signatures and the data related to the

other selected type of recognized biometric identier.

2. In maintaining an electronic journal of electronic notarial acts, an electron-

ic notary public shall comply with the applicable prescriptions and prohibitions

regarding the copying, security, surrender, and disposition of a journal as set forth

in sections 486.710 to 486.715 and sections 486.795 to 486.800.

3. Every electronic notary public maintaining an electronic journal of electronic

notarial acts pursuant to section 486.945 shall:

(1) Provide to the secretary authorization on the registration form described

in section 486.920 and the access instructions that allow journal entries

to be viewed, printed, and copied in read-only access; and

(2) Notify the secretary of any subsequent change to the access instructions.

4. An electronic notary public maintaining an electronic journal of electronic

notarial acts shall keep the entry for a period of no less than ten years from the date

of the entry and shall also keep a record of electronic notarial acts in a permanently

bound journal as set forth in sections 486.700 and 486.705.

(L. 2020 H.B. 1655)

486.955. Resignation, revocation, expiration, or death of electronic nota-

ry.—Upon resignation, revocation, or expiration of a notary commission, or death

of the electronic notary:

(1) The journal and notarial records shall be delivered to the secretary in

accordance with sections 486.795 to 486.800 by any means providing

a tangible receipt, including certied mail and electronic transmission,

allowing that an electronic journal may be delivered on disk, printed

on paper, or transmitted electronically, in accordance with the require-

ments of the secretary; and

(2) In the case of an electronic journal and backup copy where disks or

other physical storage media are not required to be surrendered, no

further entries shall be made in the journal and backup. The journal

and backup shall be safeguarded until both are erased or expunged after

ten years from the date of the last entry by the notary or the notary’s

personal representative.

(L. 2020 H.B. 1655)

486.960. Fees.—1. For performing an electronic notarial act, an electronic notary

public may charge the maximum fee specied in this section, charge less than the

maximum fee, or waive the fee.

2. The maximum fees that may be charged by an electronic notary public for

performing an electronic notarial act are:

(1) For an acknowledgment, ve dollars per signature;

(2) For a jurat, ve dollars per signature; and

(3) For a signature witnessing, ve dollars per signature.

3. An electronic notary may charge a travel fee to perform an electronic notarial

act if:

(1) The notary and the person requesting the electronic notarial act agree

upon the travel fee in advance of the travel; and

(2) The notary explains to the person requesting the notarial act that the

travel fee is both separate from the notarial fee prescribed in subsection

2 of this section and neither specied nor mandated by law.

4. An electronic notary shall not discriminate in the charging of fees for an elec-

tronic notarial act based on the characteristics of the principal or requester of fact as

set forth in subsection 1 of section 486.650, though an electronic notary may waive

or reduce fees for humanitarian or charitable reasons.

5. The requirements relating to fees for an employee notary public that are pre-

scribed in section 486.695 also apply to an electronic notary public in the perfor-

mance of an electronic notarial act.

6. An electronic notary public who charges for performing electronic notarial

acts shall conspicuously display in all of the notary’s places of business and inter-

net sites, or present to each principal or requester of fact if outside such places of

business, an English-language schedule of maximum fees for electronic notarial

acts, as specied in subsection 2 of section 486.960. No part of any such notarial fee

schedule shall appear or be printed in smaller than twelve-point type.

(L. 2020 H.B. 1655)

486.965. Fees, payment of prior to performance—nonrefundable, when.—1.

An electronic notary public may require payment of any fees specied in section

486.960 prior to performance of an electronic notarial act.

2. Any fees paid to an electronic notary prior to performance of an electronic

notarial act are nonrefundable if:

(1) The electronic notarial act was completed; or

(2) In the case of travel fees paid in compliance with subsection 3 of section

486.960, the electronic notarial act was not completed after the notary

traveled to meet the principal because it was prohibited pursuant to

section 486.930 or because the notary knew or had a reasonable belief

that the notarial act or the associated transaction was unlawful.

(L. 2020 H.B. 1655)

486.970. Notarized electronic documents transmitted to other states or

nations—certicate of authority form.—1. On a notarized electronic document

transmitted to another state or nation, electronic evidence of the authenticity of

the seal of an electronic notary public of this state and the registered electronic

signature, if required, shall be in the form of an electronic certicate of authority

signed by the secretary in conformance with any current and pertinent international

treaties, agreements, and conventions subscribed by the government of the United

States.

2. The electronic certicate of authority described in subsection 1 of this section

shall be attached to or logically associated with the electronically notarized docu-

ment in such a manner that any subsequent alteration of the notarized document,

or removal or alteration of the electronic certicate of authority, produces evidence

of the change.

3. An electronic certicate of authority evidencing the authenticity of the regis-

tered electronic signature and seal of an electronic notary public of this state shall

be in substantially the following form:

Certicate of Authority for Electronic Notarial Act

I, ________ (name and title of commissioning ofcial), certify that _________ (name of

electronic notary public), the person named as Electronic Notary Public in the attached,

associated, or accompanying electronic document, was registered as an Electronic Notary

Public for the state of Missouri and authorized to act as such at the time of the document

was electronically notarization. I also certify that the document bears no evidence of

illegal or fraudulent alteration.

To verify this Certicate of Authority for an Electronic Notarial Act, I have included

herewith my electronic seal and signature this ____ day of ___, 20 ___.

(Electronic seal and signature of secretary)

(L. 2020 H.B. 1655)

486.975. Fee for electronic certicate of authority.—For issuing an electronic

certicate of authority for an electronic notarial act, including an electronic form of

the apostille set forth in subsection 3 of section 486.770, the secretary may charge

a maximum of ten dollars.

(L. 2020 H.B. 1655)

486.980. Electronic notary’s e-mail address change, other changes, require-

ments.—1. Within ve business days after the change of an electronic notary pub-

lic’s e-mail address, the notary shall electronically transmit to the secretary a notice

of the change secured by a registered electronic signature of the notary.

2. Any change or addition to the data on the electronic registration form

described in section 486.920, including any change to an electronic journal’s access

instructions, shall be reported within ten days to the secretary.

(L. 2020 H.B. 1655)

486.985. Production of electronic signature or seal, compromise of, require-

ments.—1. Upon becoming aware that the status, functionality, or validity of the

means for producing a registered electronic signature, notary seal, or single element

combining the signature and seal, has changed, expired, terminated, or become

compromised, the notary shall:

(1) Immediately notify the secretary;

(2) Cease producing seals or signatures in electronic notarizations using

that means;

(3) Perform electronic notarizations only with a currently registered means

or another means that has been registered within thirty days; and

(4) Dispose of any software, coding, disk, certicate, card, token, or pro-

gram that has been rendered defunct, in the manner described in subsec-

tion 1 of section 486.995.

2. Pursuant to subsection 1 of this section, the secretary shall immediately sus-

pend the electronic status of a notary who has no other currently registered means

for producing electronic signatures or notary seals and, if such means is not regis-

tered within thirty days, electronic status shall be terminated.

(L. 2020 H.B. 1655)

486.990. Termination of registration upon termination of commission as an

electronic notary.—1. Any revocation, resignation, expiration, or other termination

of the commission of a notary public immediately terminates any existing registra-

tion as an electronic notary.

2. A notary’s decision to terminate registration as an electronic notary shall not

automatically terminate the underlying commission of the notary.

3. A notary who terminates registration as an electronic notary shall notify the

secretary in writing and dispose of any pertinent software, coding, disk, certicate,

card, token, or program as described in subsection 1 of section 486.995.

(L. 2020 H.B. 1655)

486.995. Notary representative’s duties upon termination of electronic

notary commission.—1. Except as provided in subsection 2 of this section, if the

commission of an electronic notary public expires or is resigned or revoked, if reg-

istration as an electronic notary terminates, or if an electronic notary dies, the notary

or the notary’s duly authorized representative shall, within thirty business days,

permanently erase or expunge the software, coding, disk, certicate, card, token, or

program that is intended exclusively to produce registered electronic notary seals,

registered single elements combining the required features of an electronic signature

and notary seal, or registered electronic signatures that indicate status as a notary.

2. A former electronic notary public whose previous commission expired shall

not be subject to subsection 1 of this section if such electronic notary public, within

three months after expiration, is recommissioned and reregistered as an electronic

notary public using the same registered means for producing electronic notary seals

and signatures.

(L. 2020 H.B. 1655)

486.1000. Improper performance of electronic notarial acts—liabilities,

sanctions, and remedies.—The liability, sanctions, and remedies for the improper

performance of electronic notarial acts by an electronic notary public are the same

as described and provided in section 486.805 for the improper performance of non-

electronic notarial acts.

(L. 2020 H.B. 1655)

486.1005. Secretary to terminate electronic notary’s registration, when—

procedure.—1. The secretary shall terminate an electronic notary public’s registra-

tion for any of the following reasons:

(1) Submission of an electronic registration form containing a material

misstatement or omission of fact;

(2) Failure to maintain the capability to perform electronic notarial acts,

except as allowed in subdivision (3) of subsection 1 of section 486.985;

(3) The electronic notary’s performance of ofcial misconduct.

2. Prior to terminating an electronic notary’s registration, the secretary shall

inform the notary of the basis for the termination and that the termination shall take

place on a particular date unless a proper appeal is led with the secretary before

that date.

3. Neither resignation nor expiration of a notary commission or of an electronic

notary registration precludes or terminates an investigation by the secretary into

the electronic notary’s conduct. The investigation may be pursued to a conclusion,

whereupon it shall be made a matter of public record regardless of whether the

nding would have been grounds for termination of the commission or registration

of the electronic notary.

(L. 2020 H.B. 1655)

486.1010. Impersonating or improperly inuencing an electronic notary,

penalties.—The criminal penalties for impersonating an electronic notary public

and for soliciting, coercing, or improperly inuencing an electronic notary to commit

ofcial misconduct in performing notarial acts are the same penalties described in

subsection 6 of section 578.700 in regard to performing nonelectronic notarial acts.

(L. 2020 H.B. 1655)

486.1100. Denitions.—As used in sections 486.1100 to 486.1205, the follow-

ing terms and phrases mean:

(1) “Appears in person before the notary” or “personally appear

before the notary” or “in the presence of the notary”, includes, in the

case of a remote online notarization, a principal and any required wit-

ness appearing by remote means in accordance with sections 486.1100

to 486.1205;

(2) “Communication technology”, an electronic device or process that

allows a notary public physically located in this state and a remotely

located individual to communicate with each other simultaneously by

sight and sound, and which, as necessary, makes reasonable accommo-

dations for individuals with vision, hearing, or speech impairments;

(3) “Credential analysis”, a process or service that meets the standards

established by the secretary of state through which a third person

afrms the validity of an identication credential;

(4) “Electronic”, relating to technology having electrical, digital, magnet-

ic, wireless, optical, electromagnetic, or similar capabilities;

(5) “Electronic document”, information that is created, generated, sent,

communicated, received, or stored by electronic means;

(6) “Electronic notary seal” and “electronic seal”, information within a

notarized electronic document that includes the remote online notary’s

name, title, jurisdiction, and commission expiration date and generally

corresponds to information in notary seals used on paper documents;

(7) “Electronic signature”, an electronic sound, symbol, or process

attached to or logically associated with an electronic document and

executed or adopted by a person with the intent to sign the document;

(8) “Identity proong”, a process or service operating according to stan-

dards established by the secretary of state by rule;

(9) “Outside the United States”, outside the geographic boundaries of a

state or commonwealth of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, and any territory or insu-

lar possession subject to the jurisdiction of the United States;

(10) “Remote online notarization” or “remote online notarial act”, an

electronic notarial act performed by means of communication tech-

nology that meets the standards as provided in sections 486.1100 to

486.1205;

(11) “Remote online notary public”, a notary public physically located

in this state who has registered with the secretary of state to perform

remote online notarizations pursuant to sections 486.1100 to 486.1205;

(12) “Remote presentation”, transmission to the remote online notary pub-

lic through communication technology of an image of an identication

credential that is of sufcient quality to enable the remote online notary

public to:

(a) Identify the individual seeking the remote online notary public’s

services; and

(b) Perform credential analysis;

(13) “Remotely located individual”, an individual who is not in the physi-

cal presence of the notary public.

(L. 2020 H.B. 1655)

486.1105. Controlling law.—Sections 486.1100 to 486.1205 supplement the

provisions of sections 486.600 to 486.820 and sections 486.900 to 486.1010 for

remote online notarial acts. To the extent sections 486.600 to 486.820 and 486.900

to 486.1010 are inconsistent with sections 486.1100 to 486.1205, the provisions

of486.1100 to 486.1205 control regarding remote online notarial acts.

(L. 2020 H.B. 1655)

486.1110. Rulemaking authority.—The secretary of state is authorized to adopt

rules necessary to implement sections 486.1100 to 486.1205, including rules to

facilitate remote online notarizations, subject to the limitations in section 486.830.

(L. 2020 H.B. 1655)

486.1115. Standards for remote online notarization, secretary’s duties.—1.

The secretary of state by rule shall develop and maintain standards for remote online

notarization in accordance with sections 486.1100 to 486.1205, including, but not

limited to, standards for credential analysis and identity proong. Such rules shall

be subject to the limitations in section 486.830.

2. In developing standards for remote online notarization, the secretary of state

shall review and consider standards established by the National Association of

Secretaries of State (NASS) or its successor agency, and national standard setting

bodies, such as the Mortgage Industry Standards and Maintenance Organization

(MISMO).

3. Before use by remote online notaries in this state, the secretary shall approve

the software to be used in remote online notarial acts. The secretary may only

approve remote online notarization software that, at a minimum:

(1) Records and archives the remote online session;

(2) Provides sufcient audio clarity and video resolution to enable the

remote online notary and the principal to see and communicate to each

other simultaneously through live, real time transmission;

(3) Provides reasonable security measures to prevent unauthorized access

to:

(a) The live transmission of the audio-video communication;

(b) A recording of the audio-video communication;

of the principal; and

(d) The electronic documents presented for electronic notarization;

(4) Utilizes video technology to be used in a remote electronic notarization

session that provides sufcient high-denition for the notary to reason-

ably assess the principal’s comprehension and volition;

(5) Permits the remote online notary to identify the principal to the remote

online notary’s satisfaction through a form of authentication that com-

plies with section 486.1145;

(6) Permits the principal to identify the remote online notary to his or her

satisfaction; and

(7) Presents the document being notarized as an electronic document.

4. Before being used by a remote online notary in this state, the secretary shall

test and certify remote online notarization software. The expenses of any such test-

ing shall be paid by the vendor of the software.

(L. 2020 H.B. 1655)

486.1120. Notary commission and registration required.—1. Prior to per-

forming remote online notarial acts, a person shall apply to be a commissioned

notary for the state of Missouri.

2. A remote online notary shall register the capability to perform remote online

notarial acts with the secretary before performing remote online notarial acts.

3. Upon recommissioning, a notary shall again register with the secretary before

performing remote online notarizations.

4. A person may apply or reapply for a notary commission and register or rereg-

ister to perform remote online notarial acts at the same time.

(L. 2020 H.B. 1655)

486.1125. Course of instruction required, content.—1. Before initially regis-

tering the capability to perform remote online notarial acts, a notary shall complete a

course of instruction as approved by the secretary, in addition to the course required

for commissioning as a notary, and pass an examination based on the course.

2. The content of the course shall be notarial laws, procedures, and ethics per-

taining to remote online notarization.

(L. 2020 H.B. 1655)

486.1130. Registration form, contents—denial of registration, when—con-

dentiality of information.—1. To register the capability to perform remote online

notarial acts, a notary shall electronically sign and submit to the secretary an elec-

tronic form prescribed by the secretary that includes:

(1) The information required in subsection 1 of section 486.920;

(2) The technology that the remote online notary public will use, which

shall conform to any rules or adopted by the secretary of state; and

(3) Any other information, evidence, or declaration required by the secre-

tary of state.

2. The secretary shall deny registration to any applicant submitting an electronic

registration form that contains a material misstatement or omission of fact.

3. Information in the registration form of an electronic notary public shall be

used by the secretary and designated state employees only for the purpose of per-

forming ofcial duties, shall be a closed record as described in chapter 610, and

shall not be disclosed to any person other than:

(1) A government agent acting in an ofcial capacity and duly authorized

to obtain such information;

(2) A person authorized by court order; or

(3) The registrant or the registrant’s duly authorized agent.

(L. 2020 H.B. 1655)

486.1135. Term of registration.—The term of registration of an electronic nota-

ry public shall begin on the registration starting date set by the secretary and shall

continue as long as the notary’s commission remains in effect or until registration

is terminated.

(L. 2020 H.B. 1655)

486.1140. Permissible remote online notarial acts.—The following remote

online notarial acts may be performed using communication technology in accor-

dance with sections 486.1100 to 486.1205, and by no other method:

(1) Acknowledgment; and

(2) Jurat.

(L. 2020 H.B. 1655)

486.1145. Audio-video communication, use of, requirements.—1. For the

purposes of performing a remote online notarial act for a person using audio-vid-

eo communication, a remote online notary public has satisfactory evidence of the

identity of the person if the remote online notary public conrms the identity of the

person by:

(1) Personal knowledge of the identity;

(2) Each of the following, if approved by rules adopted by the secretary of

state:

(a) Remote presentation by the person of an identication credential,

including a passport or driver’s license, that contains a photograph

and the signature of the person;

(b) Credential analysis; and

subdivision;

(3) Any other method that complies with any rules adopted by the secretary

of state; or

(4) A valid certicate that complies with any rules adopted by the secretary

of state.

2. Such rules shall be subject to the limitations in section 486.830.

(L. 2020 H.B. 1655)

486.1150. Principal requirements for remote online notarization.—A remote

online notary shall perform a remote online notarization only if the principal:

(1) Is in the presence of the notary utilizing live audio-video conferencing

technology at the time of notarization;

(2) Is personally known to the notary or identied by the notary through

satisfactory evidence as set forth in section 486.1145;

(3) Appears to understand the nature of the transaction;

(4) Appears to be acting of his or her own free will;

(5) Communicates directly with the notary in a language both understand;

and

(6) Reasonably establishes the electronic signature as his or her own.

(L. 2020 H.B. 1655)

486.1155. Remote online notary required to be physically located within this

state for performance of remote online notarial acts.—1. A remote online notary

public shall perform a remote online notarization authorized in sections 486.1100

to 486.1205 only while the remote online notary public is physically located within

this state.

2. A remote online notary public may perform a remote online notarization for a

remotely located individual who is physically located:

(1) In this state;

(2) Outside this state but within the United States; or

(3) Outside the United States if the electronic notarization is not prohibited

in the jurisdiction in which the principal is physically located at the time

of the remote online notarial act.

3. The validity of a remote online notarization performed by a remote online

notary public of this state in accordance with sections 486.1100 to 486.1205 shall

be governed by the laws of this state.

(L. 2020 H.B. 1655)

486.1160. Additional transaction fee.—In addition to the other fees allowed by

section 486.960, a remote online notary may charge a remote online notary transac-

tion fee if the notary and the principal agree upon the fee in advance of the notarial

act being performed and the notary explains to the person requesting the notarial act

that the remote online transaction fee is separate from the notarial fee prescribed in

subsection 2 of section 486.960 and is not mandated by law.

(L. 2020 H.B. 1655)

486.1165. Remote online notarial certicate, contents, wording.—1. In per-

forming a remote online notarial act, the remote online notary shall properly com-

plete a remote online notarial certicate.

2. A proper remote online notarial certicate shall contain:

(1) Completed wording appropriate to the particular remote online notarial

act, as prescribed in subsection 3 of this section;

(2) A registered electronic signature; and

(3) A registered electronic notary seal, which shall include:

(a) The name of the remote online notary fully and exactly as it is

spelled on the notary’s commissioning document;

(b) The jurisdiction that commissioned and registered the remote online

notary;

(d) The commission or registration number of the remote online notary;

and

(e) The commission expiration date of the remote online notary.

3. The wording of a remote online notarial certicate shall be in a form that:

(1) Is set forth in section 486.1175;

(2) Is otherwise prescribed by the law of this state;

(3) Is prescribed by a law, regulation, or custom of another jurisdiction,

provided it does not require actions by the remote online notary that are

unauthorized by this state; or

(4) Describes the actions of the remote online notary in such a manner as to

meet the requirements of the particular notarial act, as dened in section

486.600, 486.900 or 486.1100.

4. A remote online notarial certicate shall be worded and completed using only

letters, characters, and a language that are read, written, and understood by the

remote online notary.

(L. 2020 H.B. 1655)

486.1170. Registered electronic signature, seal, or single element required,

when—employer restrictions—limitations on use of registered signature and

seal.—1. In notarizing an electronic document, the remote online notary shall attach

to, or logically associate with, the remote online notarial certicate a registered

electronic signature and a registered electronic notary seal, or a registered single

element in conformity with subsection 2 of this section, in such a manner that the

signature and the seal, or the single element, are attributed to the electronic notary

as named on the commission.

2. A registered electronic signature shall be:

(1) Unique to the electronic notary;

(2) Capable of independent verication;

(3) Attached to or logically associated with an electronic notarial certicate

in such a manner that any subsequent alteration of the certicate or

underlying electronic document prominently displays evidence of the

alteration; and

(4) Attached or logically associated by a means under the electronic nota-

ry’s sole control.

3. At all times the means for producing registered electronic notary seals, or

registered single elements as described in subsection 2 of this section, shall be kept

under the sole control of the electronic notary.

4. An employer of an electronic notary shall not use or control the means for

producing registered electronic signatures and notary seals, or registered single ele-

ments combining the required features of both, nor upon termination of a notary’s

employment retain any software, coding, disk, certicate, card, token, or program

that is intended exclusively to produce an electronic notary’s registered electron-

ic signature, notary seal, or combined single element, regardless of whether the

employer nancially supported the employee’s activities as a notary.

5. A registered electronic signature may be used by the electronic notary for

lawful purposes other than performing electronic notarizations, provided that nei-

ther the title “notary” nor any other indication of status as a notarial ofcer is part

of the signature.

6. Neither a registered electronic notary seal nor a combined single element

containing the seal shall be used by the electronic notary for any purpose other than

performing lawful electronic notarizations.

(L. 2020 H.B. 1655)

486.1175. Jurat certicate form—signature form.—1. A remote online notary

shall use a jurat certicate in substantially the following form in notarizing a signa-

ture or mark on an afdavit or other sworn or afrmed written declaration:

State of Missouri

County (and/or City) of __________

On this ______ day of _____, 20 _____, before me, the undersigned notary, personally

appeared by remote online means ________ (name of document signer), (personally

known to me) (proved to me through identication documents, which were __________,)

(proved to me on the oath or afrmation of ___________, who is personally known to me

and stated to me that (he)(she) personally knows the document signer and is unaffected

by the document,) (proved to me on the oath or afrmation of _____ and ______, whose

identities have been proven to me through identication documents and who have stated

to me that they personally know the document signer and are unaffected by the docu-

ment,) to be the person who signed the preceding or attached document in my presence

and who swore or afrmed to me that the contents of the document are truthful and accu-

rate to the best of (his)(her) knowledge and belief.

________________________(ofcial signature and seal of notary)

2. A remote online notary shall use a certicate in substantially the following

form in notarizing the signature or mark of any person acknowledging on his or

her own behalf or as a partner, corporate ofcer, attorney in fact, or in any other

representative capacity who appears remotely:

State of Missouri

County (and/or City) of ____________

On this ______ day of _______, 20 ______, before me, the undersigned notary, person-

ally appeared by remote online means ________ (name of document signer), (personally

known to me) (proved to me through identication documents, which were _______,)

(proved to me on the oath or afrmation of _____________, who is personally known

to me and stated to me that (he)(she) personally knows the document signer and is unaf-

fected by the document,) (proved to me on the oath or afrmation of _____ and ______,

whose identities have been proven to me through identication documents and who have

stated to me that they personally know the document signer and are unaffected by the

document,) to be the person whose name is signed on the preceding or attached document,

and acknowledged to me that (he)(she) signed it voluntarily for its stated purpose(.)

(as partner for _____________, a partnership.)

(as _______ for ___________, a corporation.)

(as attorney in fact for ______, the principal.)

(as _____ for ______, (a)(the) __________)

___________________ (ofcial signature and seal of notary)

(L. 2020 H.B. 1655)

486.1180. Electronic journals.—1. If a notary is registered as a remote online

notary:

(1) The notary shall keep an electronic journal of remote online notarial

acts as described in section 486.1190; and

(2) The notary shall also keep a record of remote online notarial acts in the

permanently bound journal.

2. A notary shall maintain only one active permanently bound journal at the same

time, except that a backup of each active and inactive electronic journal shall be

retained by the notary in accordance with subdivision (3) of subsection 1 of section

486.1190 as long as each respective original electronic journal is retained.

3. A notary shall keep the permanently bound journal for a period of no less than

ten years from the date of the last entry.

(L. 2020 H.B. 1655)

486.1185. Electronic journal recording requirements.—1. For every remote

online notarial act, the remote online notary shall record in the electronic journal at

the time of notarization the following:

(1) The date and time of day of the remote online notarial act;

(2) The type of remote online notarial act;

(3) The type, title, or a description of the document or proceeding;

(4) The electronic signature, printed name, and address of each principal;

(5) The printed name and address of each requester of fact;

(6) The evidence of identity of each principal in the form of either:

(a) A statement that the person is personally known to the notary;

(b) A notation of the type of identication document, its issuing agency,

its serial or identication number, and its date of issuance or expi-

ration;

witness swearing or afrming to the principal’s identity, and for

credible witnesses who are not personally known to the notary, a

description of the identication documents relied on by the notary;

(d) In the case of an electronic journal, a recognized biometric identi-

er, in accordance with subdivision (4) of subsection 1 of section

486.1190;

(7) The fee, if any, charged for the remote online notarial act;

(8) The address where the remote online notarial act was performed, if not

the address of the notary’s regular place of work or business; and

(9) The name of the program or software any authority issuing or register-

ing the means used to create the electronic signature that was notarized

and the source of this authority’s license, if any.

2. A remote online notary shall not record a Social Security number or credit card

number in the journal.

3. A remote online notary may record in the journal the circumstances for not

performing or completing any requested remote online notarial act.

(L. 2020 H.B. 1655)

486.1190. Additional requirements for electronic journal of remote online

notarial acts and remote online notaries.—1. An electronic journal of remote

online notarial acts shall:

(1) Allow journal entries to be made, viewed, printed, and copied only after

access is obtained by a procedure that uses two factors of authentica-

tion;

(2) Not allow a journal entry to be deleted or altered in content or sequence

by the remote online notary or any other person after a record of the

remote online notarization is entered and stored, except that an entry

may be deleted if the retention period set forth in subsection 4 of this

section has passed;

(3) Have a backup system in place to provide a duplicate record of remote

online notarial acts as a precaution in the event of loss of the original

record;

(4) Be capable of capturing and storing the image of a handwritten or

electronic signature and the data related to one other type of recognized

biometric identier; and

(5) Be capable of printing and providing electronic copies of any entry,

including images of handwritten signatures and the data related to the

other selected type of recognized biometric identier.

2. In maintaining an electronic journal of remote online notarial acts, a remote

online notary public shall comply with the applicable prescriptions and prohibitions

regarding the copying, security, surrender, and disposition of a journal as set forth

in sections 486.710 to 486.715 and sections 486.795 to 486.800.

3. Every remote online notary public maintaining an electronic journal of elec-

tronic notarial acts pursuant to section 486.1180 shall:

(1) Provide to the secretary authorization on the registration form described

in section 486.1130 and the access instructions that allow journal entries

to be viewed, printed, and copied in read-only access; and

(2) Notify the secretary of any subsequent change to the access instructions.

4. A remote online notary public maintaining an electronic journal of remote

online notarial acts shall keep the entry for a period of no less than ten years from

the date of the entry and shall also keep a record of remote online notarial acts in a

permanently bound journal as set forth in sections 486.700 and 486.705.

(L. 2020 H.B. 1655)

486.1195. Audio and video recording of performance of notarial acts, when,

requirements.—1. The remote online notary public shall create an audio and video

recording of the performance of the notarial act.

2. The recording required by this section shall be maintained for at least ten years

after the date of the transaction or proceeding.

3. The secretary of state shall promulgate rules establishing standards for the

retention of a video and audio recording of the performance of the notarial act. Such

rules shall be subject to the limitations in section 486.830.

4. (1) The remote online notary public may designate as custodian of the record-

ing and the electronic journal:

(a) The employer of the remote online notary public if evidenced by a

record signed by the remote online notary public and the employer; or

(b) A repository meeting the standards established by the secretary of state.

(2) An employer or other repository acting as the custodian of a recording or an

electronic journal under this subsection shall comply with all statutory requirements

regarding retention and disclosure of recordings and electronic journals applicable

to notaries.

(L. 2020 H.B. 1655)

486.1200. Safeguarding electronic documents, signature, and seal.—1. A

remote online notary public shall keep the remote online notary public’s electronic

document, electronic signature, and electronic seal secure and under the remote

online notary public’s exclusive control, which requirement may be satised by

password-controlled access. The remote online notary public shall not allow anoth-

er person to use the remote online notary public’s electronic document, electronic

signature, or electronic seal.

2. A remote online notary public shall attach the remote online notary public’s

electronic signature and seal to the electronic notarial certicate of an electronic

document in a manner that is capable of independent verication and renders any

subsequent change or modication to the electronic document evident.

(L. 2020 H.B. 1655)

486.1205. Remote online notary—resignation, revocation, expiration, or

death—procedure.—Upon resignation, revocation, or expiration of a notary com-

mission, or death of the remote online notary:

(1) The journal and notarial records shall be delivered to the secretary in

accordance with section 486.795 or 486.800 by any means providing

a tangible receipt, including certied mail and electronic transmission,

allowing that an electronic journal may be delivered on disk, printed

on paper, or transmitted electronically, in accordance with the require-

ments of the secretary; and

(2) In the case of an electronic journal and its backup copy whose disks

or other physical storage media are not required to be surrendered,

no further entries shall be made in the journal and its backup, both of

which shall be safeguarded until both shall be erased or expunged after

ten years from the date of the last entry by the notary or the notary’s

personal representative.

(L. 2020 H.B. 1655)

Code of State

Regulations

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 100—Notary Commissions

15 CSR 30-100.005 Notary Complaint Process

PURPOSE: This rule lays out the process for ling a complaint against a notary.

(1) A complaint may be led by an individual or by the Notary Commission Unit.

All complaints must be—

(A) In writing and signed;

(B) Submitted to the Notary Commission Unit either by mail to commis-

[email protected] or PO Box 784, Jefferson City, MO 65102;

1. Circumstances surrounding the situation; and

2. The notary’s name, commission number (if known), and the county in

which the alleged wrong doing allegedly took place;

(D) The complaint should include, if known, the names and contact infor-

mation of any witnesses or parties; including addresses and telephone

number, all documents related to the transaction; including copies of the

notarized document in question, and any police report led or investigative

information if referred by another agency, and any contact information for

legal representative;

(E) Upon receipt of the complaint the Notary Commission Unit will review the

matter and determine if further action is required;

(F) If further action is required, the Notary Commission Unit will notify the

notary and may request additional information from the notary;

(G) A notary has thirty (30) days from receipt of such notication from the

Notary Commission Unit in which to respond. Failure to respond shall

constitute grounds for suspension of the notary commission until compli-

ance with the request is met;

(H) The Notary Commission Unit will review the response from the notary,

and if necessary, make follow-up request for information;

(I) Upon completion of their review, the Notary Commission Unit will for-

ward the matter to the Director of Business Services or their designee who

will review the matter to determine appropriate action;

(J) Upon a decision by the Director of Business Services or their designee, the

complainant and notary shall be notied of the decision made; and

(K) If the action taken by the Director of Business Services or their designee

is to suspend or revoke the notary’s commission, the notary may appeal

such decision as outlined under the rules.

AUTHORITY: sections 486.815.1 and 486.830, RSMo Supp. 2020.* Emergency rule led Aug. 31,

2020, effective Sept. 15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effective

Feb. 28, 2021.

*Original authority: 486.815, RSMo 2020 and 486.830, RSMo 2020.

15 CSR 30-100.010 Approval, Revocation, and Suspension of Notary

Commission

PURPOSE: This rule sets out the general nature of how a notary commission may

be revoked or suspended.

(1) Before a notary’s commission may be revoked, the notary shall receive written

notice alleging why the notary’s commission should be revoked and of the right

to a hearing. The notary may request a hearing on the revocation as provided in

15 CSR 30-100.020. If the notary fails to request a hearing as provided in 15 CSR

30-100.020, the notary thereby waives his/her right to a hearing and the revocation

shall proceed. If a notary’s commission is ordered revoked after a hearing, the nota-

ry shall have the right to appeal the revocation order.

(2) The secretary of state’s ofce may immediately suspend a notary’s commission

upon written notice sent to the notary by certied mail when the secretary of state’s

ofce deems the situation has a serious unlawful effect on the general public. The

notary may request a hearing on the suspension as provided in 15 CSR 30-100.015.

(3) An individual who has been convicted of a felony involving dishonesty or moral

turpitude, committed in the last ve (5) years, will be denied approval to be a notary

commission.

AUTHORITY: sections 486.605 and 486.815.1, RSMo Supp. 2020.* Original rule led Dec. 16, 1985,

effective April 11, 1986. Amended: Filed April 17, 2017, effective Oct. 30, 2017. Emergency amendment

led Aug. 31, 2020,

effective Sept. 15, 2020, expired March 13,

2021. Amended: Filed Aug. 31, 2020,

effec

tive Feb. 28, 2021.

*Original authority: 486.605, RSMo 2020 and 486.815, RSMo 2020.

15 CSR 30-100.015 Request for Hearing on Suspension or an Appeal on a

Denial of an Application

PURPOSE: This rule provides the manner by which a notary may request a hearing

when the notary has received a notice of suspension.

(1) When a notary has received a notice of suspension as provided in 15 CSR

30-100.010, the notary may request a hearing on the suspension. A request for hear-

ing on the suspension must be received by the secretary of state’s ofce no later than

ten (10) business days after the notary receives the written notice of suspension, or

the notary will have waived his/her right to a hearing on the suspension.

(2) A request for hearing must be signed by the notary or his/her attorney, contain

the name, mailing address, and telephone number(s) of the notary, and, if applica-

ble, the notary’s attorney’s name, Missouri bar number, address, telephone number,

facsimile number, and electronic mail address, if any, and shall be led with the

Ofce of the Secretary of State, Commissions Division, PO Box 784, Jefferson

City, MO 65102.

(3) If the notary desires the hearing on the suspension to be conducted by telephone,

the notary must include that request in his/her request for hearing and provide the

telephone number that the notary will use during the hearing.

(4) Hearings held under this regulation will be subject to the requirements of 15

CSR 30-100.060.

(5) An applicant who has been denied a notary commission may appeal the denial

to the Director of Business Services or his or her designee. This appeal does not

include a right to a hearing.

AUTHORITY: section 486.815.1, RSMo Supp. 2020.* Original rule led April 17, 2017, effective Oct.

30, 2017. Emergency amendment led Aug. 31, 2020, effective Sept. 15, 2020, expired March 13, 2021.

Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021.

*Original authority: 486.815, RSMo 2020.

15 CSR 30-100.020 Notice of Revocation and Request for a Hearing

PURPOSE: This rule sets out how notice of revocation will be given, the contents

of the notice, and how a notary can request a hearing.

(1) Upon receipt of a complaint and a decision to seek revocation of a notary com-

mission, written notice shall be mailed by certied mail to the notary at the address

on le with the secretary of state’s ofce. The notice shall contain the following

information:

(A) The notary’s name and address;

(B) The date the notary’s commission was granted and the expiration date of

that commission;

ry’s commission. The allegations shall indicate the notary’s alleged mis-

conduct, the date and place of the misconduct (if applicable and known),

and the name(s) of potential witnesses on behalf of the secretary of state;

and

(D) Instructions for requesting a hearing on the revocation.

(2) When a notary has received a notice of revocation, the notary may request a hearing on

the revocation.

(A) A request for hearing on the revocation must be received by the secretary of

state’s ofce no later than thirty (30) calendar days after the notary receives

the written notice of revocation, or the notary will have waived his/her right

to a hearing on the revocation.

(B) A request for hearing must be signed by the notary or his/her attorney, con-

tain the name, mailing address, and telephone number(s) of the notary, and,

if applicable, the notary’s attorney’s name, Missouri bar number, address,

telephone number, facsimile number, and electronic mail address, if any,

and shall be led with the Ofce of the Secretary of State, Commissions

Division, PO Box 784, Jefferson City, MO 65102.

phone, the notary must include that request in his/her request for hearing and

provide the telephone number that the notary will use during the hearing.

(D) Hearings held under this regulation will be subject to the requirements of

15 CSR 30-100.060.

AUTHORITY: section 486.385.2, RSMo 2016.* Original rule led Dec. 16, 1985, effective April 11,

1986. Amended: Filed April 17, 2017, effective Oct. 30, 2017.

*Original authority: 486.385, RSMo 1977, amended 2004.

15 CSR 30-100.030 Response to Notice of Revocation

PURPOSE: This rule describes the form and content of the response and how it

shall be led.

(1) Response.

(A) A notary may le a response to a notice of revocation.

(B) Any response shall be in writing and shall contain a short and concise

statement of the facts which the notary believes are true and relevant to

the issues raised in the notice of revocation. The response must be signed

by the notary or his/her attorney, contain the name, mailing address, and

telephone number of the notary, and, if applicable, the attorney’s name,

Missouri bar number, address, telephone number, facsimile number, and

electronic mail address, if any, and shall be led with the Ofce of the

Secretary of State, Commissions Division, PO Box 784, Jefferson City,

MO 65102.

ed in 15 CSR 30-100.020.

AUTHORITY: section 486.385.2, RSMo 2016.* Original rule led Dec. 16, 1985, effective April 11,

1986. Amended: Filed

April 17, 2017, effective Oct. 30, 2017.

*Original authority: 486.385, RSMo 1977, amended 2004.

15 CSR 30-100.040 Prehearing Conference

(Rescinded October 30, 2017)

AUTHORITY: section 486.385.2, RSMo 1986. Original rule led Dec. 16, 1985, effective April 11,

1986. Rescinded: Filed

April 17, 2017, effective Oct. 30, 2017.

15 CSR 30-100.050 Subpoenas

(Rescinded October 30, 2017)

AUTHORITY: section 486.385.2, RSMo 1986. Original rule led Dec. 16, 1985, effective April 11,

1986. Rescinded: Filed

April 17, 2017, effective Oct. 30, 2017.

15 CSR 30-100.060 Hearings

PURPOSE: This rule describes the nature of the hearing to revoke a notary public’s

commission.

(1) A revocation or suspension hearing will be conducted in the following manner:

(A) All hearings will be open to the public. All parties have a right to be

present and to be represented by counsel, if they so desire. Notice of the

hearing will be posted prominently in the Ofce of the Secretary of State,

Commissions Division, 600 W. Main Street, Jefferson City, MO 65101;

(B) All hearings will be audio recorded. Upon request, and at the expense of a

party to the proceeding making the request, the secretary of state’s ofce

will cause the hearing to be transcribed by a court reporter present for the

hearing. Any other party may obtain a copy of the transcript upon the pay-

ment of the costs of preparation;

1. A listing of all materials led in connection with the hearing;

2. A listing of all documents and exhibits submitted as evidence;

3. All matters ofcially noticed; and

4. All offers of proof, objections, and rulings;

(D) Evidence shall be received in the following manner:

1. Oral evidence shall be taken only on oath or afrmation;

2. Each party shall have the right to call and examine witnesses, to intro-

duce exhibits, to cross-examine opposing witnesses on any matter rel-

evant to the issues even though that matter was not subject to the direct

examination, to impeach any witness regardless of which party rst

called him/her to testify, and to rebut the evidence against him/her; and

3. Copies of writings, documents, and records shall be admissible without

proof that the originals thereof cannot be produced if it appears by tes-

timony or otherwise that the copy offered is a true copy of the original;

and

E. The order in which evidence will be presented is as follows:

1. The secretary of state’s representative shall present evidence rst;

2. The notary shall then have the opportunity to present his/her evidence

in the same manner;

3. Each party has the right to rebut the evidence presented; and

4. Closing statements may be made by each party in the order evidence

was presented; and

F. The burden of proof will be on the secretary of state’s representative, and

the standard of proof shall be a preponderance of the evidence.

2. Notice of the date, time, and place of the hearing will be sent by certied mail to

the notary at the address on le with the secretary of state’s ofce.

3. A revocation hearing may be conducted by telephone upon request of the notary

as set forth in 15 CSR 30-100.015 (suspension) or 15 CSR 30-100.020 (revocation).

(A) The telephone hearing will be scheduled with notice sent by certied mail

to the notary at the address on le with the secretary of state.

(B) Telephone hearings shall have the following additional requirements:

1. The attorney and any witnesses for the secretary of state may be present

in person while the notary is present by telephone;

2. Parties to telephone hearings shall mail copies of potential exhibits to

the other party in sufcient time for the exhibit to reach those locations

prior to the hearing;

3. A notary or his/her attorney shall mail potential exhibits to the Ofce of

the Secretary of State, Commissions Division, PO Box 784, Jefferson

City, MO 65102; and

4. Each potential exhibit shall be designated as a potential exhibit and

paginated.

nience of the notary, and the parties have the following responsibilities:

1. The connection must be of sufcient quality that the persons partic-

ipating can be clearly heard, and the call will not be unintentionally

disconnected (due to things such as poor cellular reception);

2. The hearing shall not be subject to interruptions by the parties to attend

to non-hearing matters;

3. The parties should be in a location where there will not be unreasonable

background noise.

(D) Any witnesses participating by telephone are subject to the same require-

ments as in subsection (3)(C).

(E) If a party or witness leaves the phone for any reason, or the connection is

disconnected, all such action shall be considered voluntary, and the hearing

shall proceed without such party or witness.

AUTHORITY: section 486.385.2, RSMo 2016.* Original rule led Dec. 16, 1985, effective April 11,

1986. Amended: Filed

April 17, 2017, effective Oct. 30, 2017.

*Original authority: 486.385, RSMo 1977, amended 2004.

15 CSR 30-100.070 Surrender of Commission

PURPOSE: This rule states how a notary public may surrender his/her commission.

(1) A notary may surrender his/her commission at any time after receiving notice of

revocation and prior to adjudication. This surrender shall be executed in writing and

need not admit or deny the allegations in the notice of revocation, but shall state that

the notary voluntarily agrees to surrender his/her commission and will not seek to

obtain another commission for a period of three (3) years.

AUTHORITY: sections 486.310 and 486.385.2, RSMo 2016.* Original rule led Dec. 16, 1985, effec-

tive April 11, 1986. Amended: Filed April 17, 2017, effective Oct. 30, 2017.

*Original authority: 486.310, RSMo 1977, amended 2004, 2016 and 486.385, RSMo 1977, amended

2004.

15 CSR 30-100.080 Appeal

PURPOSE: This rule describes how a notary public may appeal a decision revoking

his/her commission.

(1) A notary who has received ndings of fact, conclusions of law, and decision from

the secretary of state’s ofce (nal adjudication) revoking his/her commission may

seek judicial review as provided in Chapter 536.

AUTHORITY: section 486.385.2, RSMo 2016.* Original rule led Dec. 16, 1985, effective April 11,

1986. Amended: Filed

April 17, 2017, effective Oct. 30, 2017.

*Original authority: 486.385, RSMo 1977, amended 2004.

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 110—Electronic Notarization

15 CSR 30-110.010 Electronic Notary Denitions

(Rescinded February 28, 2021)

AUTHORITY: section 486.275, RSMo 2016. Emergency rule led Dec. 21, 2016, effective Dec. 31, 2016,

expired June 28, 2017. Original rule led Dec. 21, 2016, effective June 30, 2017. Rescinded: Filed Aug.

31, 2020,

effective Feb. 28, 2021.

15 CSR 30-110.020 Electronic Signatures and Seals

(Rescinded February 28, 2021)

AUTHORITY: section 486.275, RSMo 2016. Emergency rule led Dec. 21, 2016, effective Dec. 31, 2016,

expired June 28, 2017. Original rule led Dec. 21, 2016, effective June 30, 2017. Rescinded: Filed Aug.

31, 2020,

effective Feb. 28, 2021.

15 CSR 30-110.030 Remote Online Notarization (RON) Approval

PURPOSE: This rule provides the process that vendors must go through to have

their software approved for use by electronic notaries in Missouri.

(1) Vendors wishing to have their software approved for use by electronic notaries

in Missouri must make an application to do so to the Commission Unit. The infor-

mation on the application must include:

(A) Name of the vendor’s company;

(B) Name of the software to be used;

(D) Contact information for customer inquiries; and

(E) List of other states the software is approved in.

(2) Upon ling of an application, the Commission Unit will review the software for

compliance.

(3) Each software requesting approval must undergo a live demonstration by the

Commission Unit.

(4) Once the Commission Unit has determined the software meets compliance, a

certicate of acceptability will be issued to the vendor.

(5) A list of all approved software will be published on the Missouri Secretary of

State’s (SOS) website.

AUTHORITY: section 486.1110, RSMo Supp. 2020.* Emergency rule led Aug. 31, 2020, effective Sept.

15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effec

tive Feb. 28, 2021.

*Original authority: 486.1110, RSMo 2020.

15 CSR 30-110.040 Remote Online Notarization (RON) Criteria

PURPOSE: This rule states the criteria that remote online notary (RON) must meet

for use by electronic notaries in Missouri.

(1) Remote online notary (RON) must meet the following RON Credential Analysis

and Authentication to be approved for use in Missouri:

(A) The software must allow for at least two (2) types of the following authen-

tications as described in section 110.050, RSMo:

1. Credential Analysis of Government Issued Identication;

2. Dynamic Knowledge-Based Authentication; and

3. Biometrics;

(B) The software must provide for a live session using audio-video commu-

nication integrated with electronic document processing as described in

section 110.060, RSMo;

keep an accurate record of the transaction as described in section 110.070,

RSMo; and

(D) The software must provide an audit trail for each session as described in

section 110.080, RSMo.

AUTHORITY: section 486.1110, RSMo Supp. 2020.* Emergency rule led Aug. 31, 2020, effective Sept.

15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effec

tive Feb. 28, 2021.

*Original authority: 486.1110, RSMo 2020.

15 CSR 30-110.050 Remote Online Notarization (RON) Credentials

PURPOSE: This rule sets out the credentials that remote online notary (RON) must

meet for use by electronic notaries in Missouri.

(1) Remote Online Notarization (RON) providers must use automated software

processes to aid the notary in verifying each principal’s identity.

(2) The credential must pass an authenticity test, consistent with sound commercial

practices that—

(A) Uses appropriate technology to conrm the integrity of visual, physical, or

cryptographic security features;

(B) Uses appropriate technology to conrm that the credential is not fraudulent

or inappropriately modied;

source(s), as available, to conrm the validity of credential details; and

(D) Provides the output of the authenticity to the notary.

(3) The credentials analysis procedure must enable the notary to visually compare

both of the following for consistency:

(A) The information and photo on the presented credential image; and

(B) The principal as viewed by the notary in real time through the audio/video

system.

(4) Credentials must be a government issued document meeting the requirements of

the state that issued the document, may be imaged, photographed, and video record-

ed under state and federal law, and can be subject to credential analysis.

(5) The credential image capture procedure must conrm that—

(A) The principal is in possession of that credential at the time of the notarial

act;

(B) That the credential image submitted for analysis has not been manipulated;

and

(6) The following general principles should be considered in the context of image

resolution:

(A) The captured image resolution should be sufcient for the service provider

to perform credential analysis per the requirements above;

(B) The image resolution should be sufcient to enable visual inspection by the

notary, including legible text and clarity of photographs, barcodes, and other

credential features; and

must be captured e.g. U.S. Passport requires identity page; state driver’s

license requires front and back.

(7) A Dynamic Knowledge-Based Authentication (KBA) procedure must meet the

following requirements:

(A) Each principal must answer questions and achieve a passing score from—

1. At least ve (5) questions drawn from public or private data sources;

2. A minimum of ve (5) possible answer choices per question;

3. At least four (4) of the ve (5) questions answered correctly to pass (a

passing score of eighty percent (80%)); and

4. All ve (5) questions answered within two (2) minutes.

(B) Each principal must be provided a reasonable number of attempts per sign-

ing session.

1. If a principal fails their rst quiz, they may attempt up to two (2) addi-

tional quizzes within forty-eight (48) hours from the rst failure.

2. During any quiz retake a minimum of forty percent (40%), or two (2), of

the prior questions must be replaced;

the video recording or as part of the system provided person-to-person

video interaction between the notary and the signatory; and must not

store the data or information presented in the KBA questions and answers.

However, the output of the KBA assessment procedure must be provided to

the notary.

(D) Biometric sensing technology includes, but is not limited to, facial, voice,

and ngerprint recognition.

AUTHORITY: section 486.1110, RSMo Supp. 2020.* Emergency rule led Aug. 31, 2020, effective Sept.

15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effec

tive Feb. 28, 2021.

*Original authority: 486.1110, RSMo 2020

15 CSR 30-110.060 Audio and Video Quality

PURPOSE: This rule sets out the requirements for audio/video quality used by elec-

tronic notaries in Missouri.

(1) A reliable Remote Online Notarization (RON) operating model should consist

of continuous, synchronous audio and video feeds with good clarity such that all

participants can be clearly seen and understood at all times during the notarial act.

(2) Inherent in online audio/video technology is the presence of temporary surges or

spikes in quantitative measures like bitrate and/or frequency of communications and

no simple technical limits are practical or prudent. Rather, a sounder approach to

ensuring reliable real-time communications is to rely on the judgment of the notary

to determine the adequacy of the communications and provide direction to terminate

the session if those conditions are not met.

(3) The audio/video recording must include the person-to-person interaction required

as part of the Notarial Act as dened by the state, must be logically associated to the

electronic Audit Trail, and must be capable of being viewed and heard using broadly

available audio/video players.

(4) Video capture of documents or credentials that contain non-public personal infor-

mation during the RON is not required as part of these standards.

AUTHORITY: section 486.1110, RSMo Supp. 2020.* Emergency rule led Aug. 31, 2020, effective Sept.

15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effec

tive Feb. 28, 2021.

*Original authority: 486.1110, RSMo 2020.

15 CSR 30-110.070 Storage and Retention of Notarial Records

PURPOSE: This rule sets out the requirements for storage and retention of notarial

records used by electronic notaries in Missouri.

(1) Remote Online Notarization (RON) systems.

(A) RON must—

1. Facilitate the process of collecting the required notarial records;

2. Provide a method by which a notary can access and/or export the notarial

records; and

3. Provide automated backup of the notarial records and audio/video

recording to ensure redundancy.

(B) RON technology solution must employ data protection safeguards consis-

tent with generally accepted information security standards.

notary or their designated third party, as directed by the notary, must adhere

to the laws, directives, rules, and regulations of the state.

(2) A notary must retain an electronic journal and an audio-visual recording created

under Chapter 486, RSMo in a computer or other electronic storage device that

protects the journal and recording against unauthorized access by password or cryp-

tographic process.

(A) The recording must be created in an industry standard audio-visual le

format and must not include images of any electronic record on which the

remotely located individual executed an electronic signature.

(B) An electronic journal must be retained for at least ten (10) years after the

last notarial act chronicled in the journal. An audiovisual recording must be

retained for at least the ten (10) years after the recording is made.

ic journal and audio-visual recording exists and is secure from unautho-

rized use.

AUTHORITY: sections 486.1110 and 486.1195, RSMo Supp. 2020.* Emergency rule led Aug. 31, 2020,

effective Sept. 15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effective Feb. 28,

2021.

*Original authority: 486.1110, RSMo 2020 and 486.1195,

RSMo 2020.

15 CSR 30-110.080 Audit Trail

PURPOSE: This rule states the requirements for the remote online notarization

(RON) audit trail for use by electronic notaries in Missouri.

(1) Signicant actions completed as part of a RON signing session should be record-

ed in an audit trail. Each entry in this audit trail should clearly indicate the action

performed (e.g. addition of an electronic signature), the date/time of its performance

(e.g., Coordinated Universal Time, 2018-08-21 01:14:22 UTC), the name of the party

performing the action (e.g. John Doe), and the IP address of the party performing

the action.

(2) Each document completed as part of a RON should be electronically signed and

rendered Tamper-Evident.

AUTHORITY: section 486.1110, RSMo Supp. 2020.* Emergency rule led Aug. 31, 2020, effective Sept.

15, 2020, expired March 13, 2021. Original rule led Aug. 31, 2020, effec

tive Feb. 28, 2021.

*Original authority: 486.1110, RSMo 2020.

General

Information

General Information

Applicable Law

The law governing notaries public is found in Chapter 486 RSMo and is provided

on the Secretary of State website at https://s1.sos.mo.gov/business/Notary/.

General Information

The secretary shall issue a notary commission to any person who is qualied and

who submits an application in accordance with chapter 486.

In order to be qualied for a notary commission a person shall:

(1) Be at least eighteen years of age;

(2) Reside or have a regular place of work or business in the state of

Missouri;

(a) An applicant who is not a resident of the state may qualify to be a

notary if he or she works in Missouri and will use the notary seal in

the course of his or her employment in Missouri.

(b) Applicants qualifying as a nonresident notary shall authorize the

secretary as the agent and representative of such person to accept

service of any process or service of any notice or demand required

or permitted by law to be served upon such person.

(3) Reside legally in the United States;

(4) Read and write English; and

(5) Pass the examination required in section 486.630

If the notary is presently commissioned as a non-resident notary public and they

move into Missouri, the notary may immediately be appointed and commissioned as

a notary upon becoming a resident. The notary will need to return their nonresident

notary certicate with a request to resign that commission, along with a completed

application as a resident, proof of training and the $25 fee for issuing another com-

mission.

Application and Appointment

Applicants may le electronically or obtain an application for a commission as a

notary public from our website at https://s1.sos.mo.gov/business/Notary/. Additional

applications may be obtained by calling (866) 223-6535 (toll free—choose option 3

for the notary and commissions division) or (573) 751-2783, or by writing: Secretary

of State, Commissions, PO Box 784, Jefferson City, MO 65102-0784.

Applications may also be obtained from the secretary of state branch ofces

located at: 815 Olive St., Ste. 150, St. Louis, MO 63101; 615 E. 13th St., Ste. 513,

Kansas City, MO 64106; and 149 Park Central Sq., Rm. 624, Springeld, MO

65806.

The application forms prescribed by the secretary of state must be used.

As provided by law, a $25 fee must be paid to receive a notary commission. See

Sections 28.160.2 and 486.225.2, RSMo. All checks should be made payable to the

State Director of Revenue.

Prior to submitting an application to the secretary of state, each applicant for

appointment shall read the Missouri notary public handbook and complete a com-

puter-based training or other notary training in a manner prescribed by the secretary

of state. Each applicant shall attest to reading such handbook and receiving such

training at the time of submitting the application for appointment and commission

as a notary public.

Instructions for completing the application are provided with the application. All

information requested on the form must be completed before the application will be

approved. If we have to return the application to verify information, or to request

that blank spaces be completed on the form, there will be a delay in issuing the com-

mission. Any changes or information which is completed after the original receipt

of the application by our ofce must be initialed. Applications which appear to have

been tampered with are not accepted. The information requested on the application

determines whether the applicant is qualied to receive a commission as a notary

public. All information requested must be completed.

At the top of the application, the applicant must ll in their exact name as they

want it to appear on their commission, complete the oath at the bottom of the appli-

cation, and sign the application with the ofcial signature as is indicated at the top

of the application. This determines the applicant’s exact ofcial name as a notary

public as well as their ofcial signature. Initials may be used for rst and middle

names but a full last name must be listed. A notary is required by law to use their

commissioned name and ofcial signature for all notarizations.

The applicant for resident notary must request that our ofce issue their notary

public commission for the county in which they reside or regular place of business.

Please indicate this information on the application in the space labeled “County of

Residence or regular place of work or business.” If the applicant resides in St. Louis

City, they must indicate “St. Louis City” in this space. A resident notary may use

their notary commission in any county in Missouri or St. Louis City.

Non-resident applicants applying for a Missouri notary public commission must

indicate the name of their employer and the Missouri county or St. Louis City where

the employer is located and where the applicant reports for work.

A commission as a notary public for the State of Missouri is valid only in

Missouri.

After the application is approved, the applicant’s commission will be issued and

mailed to the appropriate ofce in the county where they reside or are employed.

We are required by law to forward all completed commissions to the appropriate

county ofce.

Once the commission is issued, we will mail a letter to the applicant advising that

their commission has been issued and mailed to the appropriate county authority.

The letter contains the address where the applicant is to be sworn in, their commis-

sion number and the dates the commission begins and expires.

Possible Disqualication

According to Missouri law, the Secretary of State’s Ofce may deny an applica-

tion based on:

(1) Submission of an application containing a material misstatement or

omission of fact;

(2) The fact that the applicant has been nally adjudicated and found guilty,

or entered a plea of guilty or nolo contendere, in a criminal prosecution

under the laws of any state or of the United States, of any felony or any

offense involving dishonesty or moral turpitude, provided that a com-

mission shall not be issued to the applicant within ve years after such

conviction or plea;

(3) A nding or admission of liability against the applicant in a civil lawsuit

based on the applicant’s deceit;

(4) Revocation, suspension, restriction, or denial of a notarial commission

or professional license by this or any other state or nation, provided that

a commission shall not be issued to the applicant within ve years after

such disciplinary action; or

(5) An ofcial nding that the applicant has previously engaged in ofcial

misconduct, regardless of whether disciplinary action resulted.

Qualifying at the County Clerk’s Ofce

The law allows up to 60 days from the date the commission is issued for the

applicant to qualify. Failure to qualify within 60 days will result in the commis-

sion being marked by the county clerk as not qualied and shall be returned to the

Secretary of State’s Ofce within fteen days. To meet the qualications provided

by law, the applicant must appear in person and present a $10,000 surety bond to

insure their four-year term as a notary public. The clerk or deputy will administer

the oath of ofce, after which the applicant must submit a handwritten specimen of

their ofcial signature on the oath of ofce. The clerk or deputy will then present

the notary with their commission certicate. This signature MUST match the exact

name typed on their commission certicate. The notary will mail the oath and bond

to the Secretary of State’s Ofce with a postmarked date not exceeding seven days

from the date of the oath.

The commission certicate will contain the notary’s exact ofcial name as a nota-

ry public, the commission number, the commission beginning and expiration dates

and the date the commission was issued by our ofce. The notary should keep the

commission in a safe place throughout their term as a notary public.

Any notary who fails to qualify within the sixty days may be required to reapply

for a notary commission. The county clerk shall keep a register of each person to

whom they award a notary commission, as prescribed by the Secretary of State’s

Ofce.

Fees Allowed for Swearing in Notaries

Each county or city ofcial will charge fees for recording each notary commis-

sion and administering the oath of ofce. These fees are allowed by law. If you have

questions regarding such fees, contact the applicable county or city ofcial in county

of residence. For St. Louis City residents contact the circuit clerk of St. Louis City.

Term of Ofce

All commissions as a notary public are issued for a four-year term of ofce. This

term is set by law.

Notary Public Bond

The $10,000 notary bond shall be executed by a licensed Missouri surety for a

term of four years commencing on the commission’s issue date and terminating on

its expiration date. The notary bond is separate from any other bond coverage the

notary might presently have and is required in addition to other bond coverage. The

bond should be executed by the licensed Missouri surety within 60 days after the

application is approved by our ofce. The bond must be written for a term of four

years, covering the same dates as the term of ofce.

An errors and omissions policy does not replace a bond. An errors and omissions

policy is not required by law, but may be purchased as it protects the notary public

and pays for any charges the notary might owe for legal fees and costs should the

notary be sued.

Reapplying

All commissions as a notary public are issued for a term of four years. There are

no provisions in the law for renewals. If the notary wishes to again become com-

missioned as a notary public they will need to submit a notary application to our

ofce no earlier than six weeks before their current expiration date. No person is

automatically reappointed as a notary public. The notary is responsible for obtaining

the $10,000 notary bond for their new term of ofce. The notary must follow all of

the same procedures as though they have never held a notary commission before.

Embosser Seal and Rubber Stamp

Missouri law requires every notary to use a black inked rubber stamp seal on

every notary certicate, an engraved embosser seal may be used in conjunction with

the rubber stamp seal. An electronic seal may be used in lieu of an embosser seal

or rubber stamp on documents that are electronically notarized, provided it meets

the statutory requirements. The print on the embosser or stamp must be in type not

smaller than eight-point type. The print on the seal should resemble one of the exam-

ples in the box below and must contain the same information. The embosser seal,

the black inked rubber stamp seal, and the electronic stamped seal must be obtained

from a registered manufacturer. To be legally recognized, the engraved embosser

seal, the black inked rubber stamp seal, or electronic stamp must contain:

1. The notary’s exact name as it appears on their commission certicate

along with the notary jurisdiction (county)

2. The assigned commission number; and

3. The words: “Notary Seal,” “Notary Public,” “State of Missouri” and

“My commission expires (commission expiration date)”; and

4. A border in a rectangular or circular shape no larger than one sixteenth

of an Inch, surrounding the required words.

2. Illegible information within a seal impression may be typed or printed

legibly by the notary adjacent to but not within the impression, or anoth-

er impression may be legibly afxed nearby.

3. An embossed seal impression that is not photographically reproducible

may be used in addition to, but not in place of, the ofcial seal described

above.

4. A seal as described in this section shall not be afxed over printed or

written matter.

The notary seal is the exclusive property of the notary and the seal may not

be used by any other person or surrendered to an employer upon termination

of employment.

Sample Embosser/Stamp

JOHN Q. PUBLIC

Notary Public – Notary Seal

STATE OF MISSOURI

St. Louis County

My Commission Expires: Oct. 1, 2025

Commission # 12345678

•

Journal

Section 486.700, RSMo requires the notary to keep, maintain, protect, and pro-

vide for lawful inspection a chronological journal of notarial acts that is a perma-

nently bound book with numbered pages. A notary shall maintain only one active

permanently bound journal at the same time. Each notary public shall record in such

journal the following: the date and time of day of the of notarization; the type of

notarization such as acknowledgment or jurat; the type of document; the name and

address of the signer; the identication used by the signer; the notary fee; and the

signature of the signer The journal can be purchased from a local ofce supply store

or may be supplied to the notary by a notary company or association. A notary shall

keep the permanently bound journal for a period of no less than ten years from the

date of the last entry. An electronic notary public maintaining an electronic journal

of electronic notarial acts shall keep the entry for a period of no less than ten years

from the date of the entry and shall also keep a record of electronic notarial acts in

a permanently bound journal.

The notary journal is the exclusive property of the notary.

Fees

A notary public is allowed to charge fees for notarizing documents. Section

486.685, RSMo, allows a notary to charge ve dollars for each signature on a doc-

ument and the proper recording of the notarization in their journal. The maximum

fee for any other notarial act is ve-dollars. Failure to record the notarization in the

journal precludes collection of the fee.

A notary may charge one-dollar per page certied with a minimum total charge

of three dollars per page they certify as a certied copy of an original document.

The certied copy must also be recorded in the notary journal. The notary must also

retain a copy of each page in their notary le.

A notary public may charge a travel fee to perform a notarial act If:

(1) The notary and the person performing the notarial act agree upon the travel

fee In advance of the travel; and

(2) The notary explains to the person requesting the notarial act that the travel

fee Is both separate from the notarial fee prescribed and neither specied

nor mandated by law

Amended Commissions (Name, county, address, and employer

changes resident or non-resident)

An application for a request for an amended commission can be obtained from

our website at https://s1.sos.mo.gov/business/Notary/.

Change of Residence, Employer or County

Section 486.780 requires a notary within ten days after the change of a notary’s

residence, business, or county, the notary shall send to the secretary by any means

providing a tangible receipt, including certied mail and electronic transmission,

a signed notice of the change, giving both old and new addresses, any employer

changes or county changes along with a fee of ve dollars.

The fee allowed by law for residence, business, or county change is ve dollars.

Once we have received all of the necessary materials and processed the requested

change, we will forward the amended commission directly to the notary at their res-

idence address. Since the notary’s seal will contain their county, the notary must also

have a new stamp and/or embosser made for their seal with their new exact county

as commissioned if that is the change made.

Change of Name

Section 486.785 requires a notary within ten days after the change of a notary’s

name by court order or marriage, the notary shall send to the secretary by any means

providing a tangible receipt, including certied mail and electronic transmission, a

signed notice of the change, giving both the former and the new name, with a copy

of any ofcial authorization for such change, along with a fee of ve dollars.

The fee allowed by law for name change is ve dollars. Once we have received

all of the necessary materials and processed the requested change, we will forward

the amended commission directly to the notary at their residence address. Since the

notary’s seal will contain their name, the notary must also have a new stamp and/or

embosser made for their seal with their new exact name as commissioned.

Stolen or Lost Notary Public Seals or Notary Journal

If the notary’s seal has been misplaced, lost, or stolen, the notary shall immediately

notify the secretary of state in writing within ten days after the ofcial seal of a notary

is discovered to be stolen, lost, damaged, or otherwise rendered incapable of afxing

a legible image, the notary, after informing the appropriate law enforcement agency

in the case of theft or vandalism, shall notify the secretary by any means providing a

tangible receipt, including certied mail and electronic transmission, and also provide

a copy or number of any pertinent police report. Upon receipt of such notice, the

Secretary of State’s Ofce shall issue to the notary a new commission number.

If the notary journal is lost or stolen, the notary is required by law to send a letter

to the secretary of state. within ten days after a notary’s journal is discovered to be

stolen, lost, destroyed, damaged, or otherwise rendered unusable or unreadable, the

notary, after informing the appropriate law enforcement agency in the case of theft

or vandalism, shall notify the secretary by any means providing a tangible receipt,

including certied mail and electronic transmission, and also provide a copy or

identication number of any pertinent police report.

Destroyed, Broken, Damaged or Inoperable Notary Seals

If the notary’s seal has been destroyed, broken, damaged, or otherwise rendered

inoperable, the notary shall immediately provide written notice of that fact to the

Secretary of State.

Resignation of a Notary Commission

A notary who resigns his or her commission shall send to the secretary by any

means providing a tangible receipt, including certied mail and electronic trans-

mission, a signed notice indicating the effective date of resignation. A notary who

ceases to reside in or to maintain a regular place of work or business in this state,

or who becomes permanently unable to perform their notarial duties, shall resign

their commission.

Disqualied From Performing a Notarial Act

A notary shall be disqualied from performing a notarial act if the notary:

(1) Is a party to or named in the document that is to be notarized;

(2) Will receive as a direct or indirect result any commission, fee, advan-

tage, right, title, interest, cash, property, or other consideration exceed-

ing in value the fees specied in section 486.685; or

(3) Is a spouse, domestic partner, ancestor, descendant, or sibling of the

principal, including in-law, step, and half relatives.

Notwithstanding subdivision (2) to the contrary, a notary may collect a non-no-

tarial fee for services as a signing agent if payment of such fee is not contingent

upon the signing, initialing, or notarization of any document.

Electronic Notarial Acts

An electronic notary shall perform an electronic notarization only if the principal

is in the presence of the notary at the time of the notarization. The principal must be

personally know to the notary or identied by the notary through satisfactory evi-

dence. The principal appears to understand the nature of the transaction and appears

to be acting of his or own free will. The principal communicates directly with the

notary in a language both understand and reasonably establishes the electronic signa-

ture as his or her own. In performing electronic notarial acts, an electronic notary shall

adhere to all applicable laws governing notarial acts provided in chapter 486.930.

In performing electronic notarial acts, the electronic notary shall properly com-

pete an electronic notarial certicate. A proper electronic notarial certicate shall

contain completed wording appropriate to the particular electronic notary act such

as acknowledgment, jurat, and signature witnessing and copy certication. An

electronic signature should contain an electronic signature and a electronic notary

seal. The electronic notary seal should contain the same information as the notaries

rubber seal with the words Electronic Notary Public Electronic Notary Seal.

Sample Electronic Notary Seal

JOHN Q. PUBLIC

Electronic Notary Public

Electronic Notary Seal

STATE OF MISSOURI

St. Louis County

My Commission Expires Oct. 1, 2025

Commission #12345678

Remote Online Notarial Acts

A remote online notary shall perform a remote online notarization only if the

principal, is in the presence of the notary utilizing live audio-video conferencing

technology at the time of notarization; is personally known to the notary or iden-

tied by the notary through satisfactory evidence as set forth in section 486.1145;

appears to understand the nature of the transaction; appears to be acting of his or her

own free will; communicates directly with the notary in a language both understand;

and reasonably establishes the electronic signature as his or her own.

The following remote online notarial acts may be performed using communica-

tion technology in accordance with sections 486.1100 to 486.1205, and by no other

method: Acknowledgment; and Jurat.

The remote online notary public shall create an audio and video recording of

the performance of the notarial act. The recording required by this section shall

be maintained for at least ten years after the date of the transaction or proceeding.

The secretary of state shall promulgate rules establishing standards for the retention

of a video and audio recording of the performance of the notarial act. The remote

online notary public may designate as custodian of the recording and the electronic

journal: The employer of the remote online notary public if evidenced by a record

signed by the remote online notary public and the employer; or a repository meeting

the standards established by the secretary of state. An employer or other repository

acting as the custodian of a recording or an electronic journal under this subsection

shall comply with all statutory requirements regarding retention and disclosure of

recordings and electronic journals applicable to notaries.

Each applicant to be a registered remote electronic notary shall complete the

information required to be an electronic notary public; provide the list of technology

will use to perform notarial acts, from the list of approved vendors. A remote elec-

tronic notary public authorizes the secretary to access any software vendor’s records

of any notarial act executed by them during an investigation of an ofcial complaint.

A remote online notary shall use a notarial certicate that includes the words

“personally appeared by remote online means,” when performing a remote notari-

zation.

Ofcial Misconduct

The law contains several sections relating to civil damages and providing for

criminal punishment. You may refer to the notary statutes for more information.

The notary statutes are located on our website at https://s1.sos.mo.gov/business/

Notary/. The law denes ofcial misconduct, provides for civil damages to persons

injured through a notary’s misconduct, establishes employer’s liability for such

damages and also provides such violations are punishable as misdemeanors by

nes and imprisonment. Further, ofcial misconduct may result in revocation of the

notary’s commission by the Ofce of Secretary of State.

Absentee Ballot Envelope Notarization

Under Missouri law a Missouri notary cannot charge for notarizing an absentee

ballot envelope. Notaries should identify the person seeking the notarization just as

with any other notarial act. The notary should verify they can perform the notarial

act before completing any information on the absentee ballot envelope. The voter

may complete all required elds prior to the notarization, the notary must watch the

voter sign the envelope.

Steps to complete an absentee ballot envelope notarization:

1. The voter should mark the ballot in secret, place the ballot in the ballot

envelope, seal the envelope and ll out the statement on the ballot enve-

lope prior to starting the notarization.

2. Identify the person seeking the notarization.

3. Log the information in the notary journal, and have the voter sign the

journal.

4. Have the voter sign in the appropriate signature block

5. Review the envelope to verify name being notarized matches the jour-

nal entry and identication presented.

6. Complete the notary Jurat on the envelope.

7. Sign and afx the seal on the envelope in the space provided.

8. Return the completed envelope to the voter.

Sample Completed Absentee Statement

State of Missouri

County (City) of Cole

I, Sample Sally (print name), a registered voter of Miller County

(City of St. Louis, Kansas City), declare under the penalties of perjury that I expect

to be prevented from going to the polls on election day due to (check one):

absence on election day from the jurisdiction of the election authority in

which I am registered;

incapacity or connement due to illness or physical disability, including car-

ing for a person who is incapacitated or conned due to illness or disability;

religious belief or practice;

employment as an election authority or by an election authority at a location

other than my polling place;

incarceration, although I have retained all the necessary qualications for

voting;

x certied participation in the address condentiality program established

under sections 589.660 to 589.681 because of safety concerns.

I hereby state under penalties of perjury that I am qualied to vote at this election;

I have not voted and will not vote other than by this ballot at this election. I further

state that I marked the enclosed ballot in secret or that I am blind, unable to read or

write English, or physically incapable of marking the ballot, and the person of my

choosing indicated below marked the ballot at my direction; all of the information

on this statement is, to the best of my knowledge and belief, true.

Sample Sally

Signature of Voter

Subscribed to and sworn before me this 12th day of August , 2021

JOHN Q. PUBLIC

Notary Public – Notary Seal

STATE OF MISSOURI

St. Louis County

My Commission Expires: Oct. 1, 2025

Commission # 12345678

John Q. Public

Signature of notary

Creditable Witness

Credible “witness”, an honest, reliable, and impartial person who personally

knows an individual appearing before a notary and takes an oath or afrmation from

the notary to vouch for that individual’s identity.

Court Reporters Qualied to Give Oaths

Certied court reporters and certied shorthand reporters may administer oaths

and afrmations as provided in Section 492.010, RSMo. If you have any questions

concerning authority to administer oaths and afrmations, please contact the profes-

sional certied court reporters association for further information.

Other Notary Information

Missouri notaries can only notarize documents in Missouri.

Proper notarization must include proper notary wording (acknowledgment, jurat

or copy certication and any other act authorized by Missouri law), the notary’s seal/

stamp and ofcial signature.

A notary cannot notarize his or her own signature. A notary is to be an impartial

witness.

A Missouri notary may notarize documents that originate in other states as long

as the document is being signed and notarized in Missouri.

The best form of identication is one that includes a photograph and signature.

A valid driver’s license is a good source of identication. The person can also be

personally known to the notary or can be identied by an individual personally

known to the notary.

If the notary certicate states “Subscribed and sworn to/afrmed before me”, etc.,

then the document must be signed by the signer in the presence of the notary. An

oath or afrmation must be administered to the person whose signature the notary is

notarizing. If a document is already signed when it is presented for notarization, the

notary should ask the person to resign the document again in their presence.

Proper Notarization

A proper notarization must contain:

(1) The ofcial signature of the notary, in accordance with section 486.725;

(2) An impression of the ofcial seal of the notary, in accordance with sec-

tion 486.725;

(3) The venue of the notarial act where the notary is located, including the

name of this state and of the pertinent county;

(4) The date of the notarial act; and

(5) The facts and particulars attested by the notary in performing the respec-

tive notarial act.

Sample

Afrmations

Sample Afrmations

Sample Individual Acknowledgment

State of (1)

(SS)

County of (2)

On this (3) day of (4) in the year (5) , before me,

the undersigned notary public, personally appeared (6) , known to me

to be the person(s) whose name(s) is/are subscribed to the within instrument and

acknowledged that he/she/they executed the same for the purposes therein con-

tained. In witness whereof, I hereunto set my hand and ofcial seal.

(10) (9)

Notary Public

(11)

Sample Jurat

State of (1)

County of (2)

Subscribed and sworn to before me this (3) day of (4)

in the year (5) .

(10) (9)

Notary Public

(11)

Sample Certication of Certied Copy

State of (1)

County (and/or City) of (2)

I, (7) (name of notary), a Notary Public

in and for said state, do certify

that on (3, 4, 5) I carefully compared the attached facsimile of

(8) and the facsimile I now hold in my possession. They

are complete, full, true and exact facsimiles of the document they purport to reproduce.

(10) (9)

Notary Public

(11)

Instructions for Completing

Sample Afrmations

(1) Name of the state in which the notary certicate is being completed.

(2) Name of the county in which the notary certicate is being completed.

(3) The date the notary certicate is being completed by the notary.

(4) The name of the month the notary certicate is being completed.

(5) The year the notary certicate is being completed.

(6) The name(s) of the person(s) who signed the document and whose signature

you are acknowledging.

(7) Your ofcial name style as a notary public.

(8) The name of the document you are notarizing (usually found at the top of the

page you are notarizing, or the rst of multiple pages).

(9) Your ofcial signature as a notary public.

(10) Impress your notary engraved embosser seal or black inked rubber stamp seal

here.

(11) Afx your rubber stamp here, or type/print the information required by law

concerning your notary commission (refer to page 70–71 regarding rubber

stamps).

How to Obtain Applications

An application for a commission as a notary public can be downloaded from

our website at www.sos.mo.gov/business/commissions. Additional applications may

be obtained by calling (866) 223-6535 (toll free—choose option 3 for the notary

and commissions division) or (573) 751-2783, or by writing: Secretary of State,

Commis sions, PO Box 784, Jefferson City, MO 65102-0784.

Glossary

ACKNOWLEDGMENT 1. The act of admitting or recognizing the existence of

an agreement by signing as evidence of one’s intention that the agreement shall be

binding and in full force and effect. 2. The certicate afxed to the document (See

Acknowledgment, Certicate of.)

ACKNOWLEDGMENT, CERTIFICATE OF A written statement, afxed to an

agreement, signed and sealed by an authorized ofcial that states in a form, usually

prescribed by law, that the ofcial took the acknowledgment of the person who signed

the agreement.

AFFIANT The person who takes an oath or afrmation. The person to whom an oath

or afrmation is administered. Sometimes called a deponent.

AFFIDAVIT A document that contains a statement, made under oath or afrmation,

signed by the afant and a jurat (certicate) signed and sealed by a notary.

AFFIRMATION A solemn statement, equivalent by law to an oath, but without reli-

gious signicance or reference to a Supreme Being.

CERTIFICATE A written statement, signed by an ofcial, describing acts performed

in an ofcial capacity.

JURAT Latin, “to swear.” The certicate signed and sealed by a notary which is

afxed below the sworn or afrmed statement and signature of the afant.

L.S. (LOCUS SIGILLI) Latin, “The location where the seal is placed.” Used gener-

ally to indicate the place for the notary’s seal.

NOTARY PUBLIC A person appointed by a state ofcial to serve the public as a

disinterested witness, to take acknowledgments, administer oaths and afrmations, and

to perform such other acts as are allowed or required by law.

OATH A solemn pledge or promise. (A person who intentionally makes false state-

ments under oath is punishable for perjury.)

S.S. (SCILICET) Latin, “to wit, namely.” Printed near the venue of a certicate or

acknowledgment.

SUBSCRIBE To sign, to write one’s signature.

TESTIMONIUM CLAUSE At the end of many documents and certicates that fol-

lows the form “witness my hand and seal” or some variation thereof.

VENUE 1. The place where the act is performed. 2. The place on the certicate that

gives the location where the notarization was performed. 3. The place where a trial is

held.

Document

Certication

Information

Requests for Certication

of Documents

Requests for these services should be made in writing to the Commissions Ofce

and should include the name of the country where these documents will be for-

warded.

Mail documents to: Commissions Ofce

Secretary of State’s Ofce

PO Box 784

Jefferson City, MO 65102-0784

Express mail: Commissions Ofce

Secretary of State’s Ofce

600 W. Main St., Rm. 322

Jefferson City, MO 65101

Documents received in the mail are given same-day or next-day service.

Walk-in customers can receive same-day processing. The hours for walk-in service

are 8 a.m. to 5 p.m..

The ofce location is: Commissions Ofce

James C. Kirkpatrick State Information Center

600 W. Main St., Rm. 322

Jefferson City, MO 65101

This service can also be provided by our branch ofces located at:

St. Louis: 815 Olive St., Ste. 150

St. Louis, MO 63101

(314) 340-7490

Kansas City: 615 E. 13th St., Rm. 513

Kansas City, MO 64106

(816) 889-2925

Springeld: 149 Park Central Sq., Ste. 624

Springeld, MO 65806

(417) 895-6330

Fees

The fee allowed by law (RSMo Chapter 28) is $10 for countersigning and sealing

certicates of ofcial character.

State law limits the state’s allowable fee for processing certain adoption documents

to $100 per child per adoption, or per multiple children adopted at the same time.

The Secretary of State’s Ofce accepts checks, money orders, (made payable

to Director of Revenue) MasterCard, Visa, American Express or Discover. For

MasterCard, Visa, American Express and Discover the following must be included

in a cover letter accompanying the documents: your name exactly as it appears on

the credit card, credit card number, expiration date and approval for the ofce to

charge the account. Documents sent by special delivery using a credit card number

must include a completed air bill.

Birth Certicates and Death Certicates

Marriage Licenses and Divorce Decrees

MISSOURI birth certicates, death certicates, marriage licenses or divorce

decrees should be certied by the issuing agency. Birth and death certicates should

be obtained from the Missouri Department of Health and Senior Services, Bureau

of Vital Records, 930 Wildwood, PO Box 570, Jefferson City, MO 65102-0570.

There is a fee charged by Vital Records for these copies. Vital Records will issue a

certied copy of these MISSOURI records and the Secretary of State will authen-

ticate this certied copy. Marriage licenses can sometimes be obtained from the

county recorder of deeds ofces where they have been recorded for public record.

Divorce decrees can sometimes be obtained from the circuit clerk where they have

been led. The recorder of deeds or circuit clerk will issue and sign the copy of the

original document. (A sample document is on page 92.) The Secretary of State will

authenticate the ofcial act of the recorder of deeds or circuit clerk.

Apostilles

Apostilles are issued by our ofce for all documents going to countries who are

members of the 1961 Hague Convention. The Convention provides for a simplied

certicate for public documents to be used in the countries which have joined the

Convention. With only an Apostille, the document is entitled to recognition in the

country of its intended use. The Apostille MUST BE REQUESTED for documents

going to the member countries. The Secretary of State’s ofce has a reference list

of these countries.

CAUTION: Some documents cannot be reproduced and cannot be certied

by Missouri Notaries Public. Missouri notaries do not have authority to certify

documents from other states and countries.

School Documents

Documents issued by educational institutions for foreign students are also certi-

ed by our ofce.

The face of a diploma should not be altered by the registrar or notary.

The registrar or other authority of the school must sign a statement, which is

typed on the BACK of the diploma or transcript. The wording in this statement

says that the diploma or transcript is either the original record issued by the school

or a copy of the original document issued by the school and the date it was issued.

The signature of the school ofcial is witnessed by a notary public. The notary

states that he/she saw the school ofcial sign the document.

If the school does not issue a diploma for foreign students, a notarized letter

from the registrar or other school authority must be given to the student. This letter

must state that the student has completed the requirements for graduation from that

school, but the school does not issue diplomas for foreign students. This letter is

notarized in the same manner as other notarized school documents. A sample doc-

ument is on page 91.

Special Handling and Mailing

The Secretary of State’s ofce is pleased to forward documents directly to a third

party if a stamped addressed envelope to the third party is enclosed with the letter

of request. If the third party is a consulate or embassy for the country requiring the

documents, it is practical to include a letter of instruction to them with their fees.

We will also return or forward documents by overnight mail if a prepaid self-ad-

dressed mailer is enclosed with the letter of request.

Foreign Language Documents

Notarizing a foreign language document is not illegal; however, CAUTION

should be used as the notary is dependent upon the signer to explain the contents.

The notarization might invalidate the document if the document contains specic

instructions to the notary as to placement of the notary seal. You may be perceived

by your foreign constituent as doing more than merely witnessing signatures.

You may want to suggest that your constituent nd a notary who speaks the

language. Perhaps the document could be translated and you could notarize the

English translation.

Many countries have foreign consulate ofces. The ofces can be found in the

yellow pages of a phone book. One of the consulate’s duties is to notarize docu-

ments destined for the home country. Most of these ofcials have the same powers

as notaries public.

If you are requested to notarize a document in another language, you will want

to note this in your journal. If the notarial certicate is in another language and

you can read the language, you may complete the notarial certicate. If you cannot

read the notarial certicate, you should complete and notarize an English language

notary certicate.

Need Additional Information

Please call (866) 223-6535 (toll free—choose option 3 for the notary and com-

missions division) or 751-2783 if you need any additional information or have any

questions regarding certication of documents.

NOTE: Missouri notaries cannot certify any birth certicates, death certicates,

divorce decrees or marriage licenses. These documents must be obtained from

and certied by the issuing agencies.

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